Research On 2012 United States Of America Bilateral Investment Treaty Model

Bilateral Investment Treaty(BIT) aims to protect investments by their own citizens in the territory of the other party.The United States is the world’s leading capital output and input country,it has been committed to practice high standard of investment protection system under BIT,and BIT model is blueprint for its external negotiations and treaty signing.USA foreign bilateral investment agreements are the three basic objectives for the: protection American overseas investors and investment;encourage the host adopts non discriminatory treatment of foreign investment;with the goal to support the development of a consistent standard of international law. Its purpose is to provide six guarantees for USA investors, ensure that the USA investors and investment to obtain national treatment and most favored nation treatment, from the establishment,management, including management, expand to dispose of the investment life cycle;set limits for investment collection,when the requirements levied provide immediate,full and effective compensation; ensure that the transfer of investment related funds; restrictions on the host country performance requirements; ensure that investors personnel management right; ensure that investors will invest the submission of the dispute to international arbitration right.At present, the United States has signed bilateral investment treaty with over 40 countries, at the same time with more than 10 countries have signed bilateral investment provisions in its free trade and investment agreements. These agreements and provisions is based on their bilateral investment treaties. Since the publication of the first BIT model, American government periodically according to its contracting practices and potential negotiation objectives of BIT model to revise.2012,America Trade Representative Office issued American 2012 bilateral investment treaty model(Hereinafter referred to as the USA 2012 BIT templates), to replace the 2004 BIT model, to use it as the basis for USA foreign negotiations of a bilateral investment treaty.American 2012 BIT model is not only an investment protection agreement template, but also has the function of open investment agreement.The revised USA 2012 BIT model embodied in BIT and TPP to the new rules of international investment negotiations initiated. The rule requires the host to provide preestablishment national treatment and negative list;links protection environment and labour rights by investment;puts forward higher requirements on transparency, government competition neutrality and state-owned enterprises control;the legitimacy of the emphasis on the regulation of host country in financial services, and do not require investors to the exhaustion of local remedies can adopt international arbitration to solve the dispute.Sino-US BIT negotiations began in 1980,after 20 years,2008,Sino-US BIT restart formal negotiations. By the end of October 2012, the two countries opened the seventh round of the Sino-US BIT negotiations. The amendments to the BIT model, that is USA government for negotiations with China, India and other countries and to prepare the BIT Model Treaty. Under the new situation, to analyze and discuss new trends of variation study in 2012 American BIT model and reflects the America foreign investment policy, with a view of the ongoing negotiations on the Sino-US BIT benefit.