Research On The National Treatment Principle In The U.S.-China Bilateral Investment Treaty

Bilateral investment treaties is currently in bilateral investment between China and the United States want to achieve a text. Although decided to sign the text from the start, after nearly10years up to now. The two sides has made a lot of negotiation and compromise. This paper is from four aspects. First of all, from the differences of encountered in the process of negotiation. Differences are divided into general differences and special differences. General differences is mainly about how to define the investment and investors. By comparing the United States in2004and2012model of the definition and released in January2015, the ministry of commerce in China foreign investment law draft analysis put forward the definition of the draft. Performance requirements for which the request in many areas to give performance. But we don’t want to put forward before performance requirements of regulations. But in recent times and in the other countries’bilateral and multilateral agreements signed also gave the performance requirements of regulations in a particular field. At the same time improve the labor and environmental protection standards, this also is in the process of signing the confrontation of differences in general. To improve the approaches of dispute settlement mechanism of the investors and the host country. Next to foreign investment access and national treatment. Admittance of foreign capital based on the national treatment before analyzing the pros and cons, and then from the previous national treatment after our country has been used in access to compare and analysis before access to national treatment and access to national treatment on the impact of China’s economic development process. The third part from foreign capital operation and the relationship between national treatment and cuts. From three aspects to research, analysis of the judicial administrative remedy of national treatment, civil rights and interests protection of national treatment, finally from the macro management of national treatment for research. Through these three aspects to the foreign operation stages to what level of national treatment in our country have to know. The last aspect is the same national treatment is as important as the negative list. Around the negative list with the national treatment is discussed First introduces negative listing based access before the national treatment, and on this basis for capital importer and exporter of their own interests balance, finally discusses the agreed on bilateral investment treaty will produce what kind of impact, so as to analyze the bilateral investment treaty agreed upon will have what impact on our country’s national economy. The focus of this article is mainly on the study of national treatment and negative list before access problem, because these two aspects is the key to the bilateral investment agreements reached the problem, is also the main differences between the two sides.