National Treatment And Negative List Of Investment Admission In Investment Treaty

Investment admission provision is an important provision in internationalinvestment treaties. It is the most important means to balance the relationshipbetween the national economic regulation power and the obligations of openinginvestment. And it has significant influence on host country government managementand the market competition. In recent years， national treatment and negative list ofinvestment admission gradually become a new trend in the development ofinternational investment rules. At least77countries in the world have adopted thismodel. During the fifth round of China-US Strategic and Economic Dialogue in July2013，China agreed the substantive negotiations of the investment agreement on thebasis of National Treatment before access and the negative list. China-EU has justcompleted the third round of negotiations and the EU also requested to adopt themodel of National Treatment and negative list. The negotiation between China andthe United State is the first time we use National Treatment before access and thenegative list concluding investment agreements with foreign countries. It not onlymeans that China has implemented thirty years of investment approval andmanagement system facing the end， and it will change the traditional practice ofChina in investment admission of investment treaty formally and substantially.The new trend of international investment rules should make us pay attention tothe choice of investment admission modes again, especial the national treatment andnegative list of investment admission provision. This paper intends to discuss thenational treatment before access and negative list in four parts：The first part is to define the basic concepts of investment admission， nationaltreatment and negative list, and introduce the type of national treatment and negativelist and their position and role in the investment treaty. At the same time introducerestrictions on foreign investment treaties in two ways： national treatment afteraccess and positive list， national treatment before access and negative list， nationaltreatment after access and mixed list.The second part is to analysis the practice of investment treaties and free tradeagreements of the representative countries and regions in the word. Which countries have adopted the national treatment and negative list mode， and all or part foreigninvestment treaties adopted this mode, and analysis how these countries adopting thenegative list.The third part describes the specific content of national treatment before accessand negative list. How it provides and what is the content. How the two main types ofnegative list being divided. What the specific content and what the difference is.The fourth part is about the relationship with the related clauses. What the effectto other provisions in the treaty if adopting national treatment before access andnegative list mode. For example， the relationship with most-favored-nation clause，exception clause， transparency clause and dispute settlement clause and so on. Andconcluded which terms can our country to adopt to protect the country’s economythrough the effect of these clauses.The fifth part analyzes the past practice and the current practice of China. Whateffect will bring to China if we adopting national treatment and negative list. Whatproblems still exist in China(Shanghai) Pilot Free Trade Zone and which problemsshould be paid attention during the popularization and application， and how tocomplete the negative list. Finally， how to develop and complete our country’snegative list and give some suggestions of myself to formulate our country’s negativelist.