Researth On Appliance Of Denial Of Benefits Clause In International Investment Treaties

With the expansion of world capitalism and economic globalization process，it is more andmore important to balance the benefits of all host countries, capital-exporting countries,investors and other participants in investigation activities,.Hence, the denial of benefits clauseemerges in massive investment treaties and agreements. To China, as the world’s secondlargest economy, we have sufficient reasons to focus on this field whether as a role of capitalimporter or exporter. This thesis has summarized the terms of denial of benefits clause, andpresents my own proposal about how to quote from it when china sign a treaty.Besides the introduction and conclusion,the whole thesis is composed of five chapters.The first chapter is summarization about the denial of benefits clause in investment treaties.The historical original,development and conception of the clause are mainly introduced,which establish basis for this paper research. Since we previously are too protective ofinvestors,the clause will be the trend when international treaties are signed in the future. Andalso, this part makes a simply comparison between the clause and the Calvo Doctrine, whichshare a common goal with the clause, to further clarify the essence of it.The second chapter introduces the presupposition about the clause. This part discussesmany detail problems, such as scopes, subjects and procedures of application about the clause.It also involves the scopes vary for different agreements on investment,reasons for denyingbenefits can be divided into two factors nationality and diplomacy,and the conditions ofapplying the clause.The third chapter is about the specific problems in application of the clause. This sessionfocuses on the arbitration possibility, retroactive effect, burden of proof and other exactproblems.On some uncertainty author gives his own point of view.The forth chapter mainly makes empirical analysis of the clause. By analysis of the Plamacompany v. The republic of Bulgaria case, GAI company v. Bolivia case and other typicalcases, the display of potential dispute in application of the clause in various investmenttreaties is introduced.In different cases, because of the different treaties, not all questionsruling adopt uniform standards.The fifth chapter studies the denial of benefit clause in investment treaties china has signed.A brief presentation of the denial of benefit clause in our investment treaties is analyzed firstly,describe the progress in each treaty, but also point out the existing problems.Finally, the author put forward some useful suggestions regarding how to use the clause and perfect ourinvestment treaties.