The Transformation Of Bilateral Investment Treaties From The Perspective Of Interaction Between International Law And Domestic Law

The interaction between international law and domestic law is a general rule of the development of law, and it exists in all regions of law. Interaction is also the way how international law and domestic law influence each other, thus there must always be interaction between international investment law and domestic law of the host states. Due to international investment law is mostly consisted of bilateral investment treaties, this thesis limits the scope in the interaction between bilateral investment treaties and domestic law.The second part of the thesis demonstrates the base of the interaction between international investment law and domestic law. This part explains this base by the explanation of duplicity of the international investment regulation; mutual complementation of international Investment law and domestic law; the collision between international investment law and domestic law. To further perfection of the basic theory of the framework of interaction between international investment law and domestic law, the third part of this thesis specifies the performance of the collision between international investment law and domestic law in legal perspective.The instrumental value of law only can be reflected in the process of application. The fourth and fifth parts of the thesis respectively explain the patterns and features of the interaction between international investment law and domestic law. The fourth part explains the patterns of the interaction between international investment law and domestic law through direct application; domesticalization of international law; internationalization of domestic law, then summaries the limits of the interaction between bilateral investment treaties and domestic law. The fifth part summaries the features of the interaction between international investment law and domestic law by combining the content of bilateral investment treaties and patterns of the interaction between international investment law and domestic law. The sixth part provides some advices for China’s international investment law by combining the analysis of former parts of this thesis and the role of China in international investment as well as the needs of China.