Settings And Empirical Research In Transfer Clause Of International Investment Agreements

The main objective of investmet invested by investor is to get the investment interests. In addition to certain retention and re-investment in the host country, for all investors in the host country and other vested interests have invested in investmentrelated capital are always exported of the host country. Today, the continuous expansion of economic globalization and multinational companies to accelerate development in the company’s production operations and expansion process of development, cross-border flows of capital and investment-related operations occurred because of daily production is also becoming more common and increasingly frequent. It is of much importance to investors to exchange their interests freely under a State provisions relating to the transfer of investment capital.Even get considerable development in international investment law today, the transfer of risk is still a major risk facing investors.The first chapter of this paper focused on the meaning and value of the terms of the transfer of international investment agreements. Firstly, I sort out the evolution of basic terms of the transfer of bilateral investment agreements from the different background of the investment treaties and the value of the basic terms of the transfer of the times. As highlighted that the early international investment agreements and bilateral investment treaties tend to protect the interests of foreign investors, the terms of the transfer of most of the provisions are related to capital investment in thehost country should be transferred freely and less restrictions on the transfer of provisions. With the continuous development of developing countries, for the protection of the interests of the host country to consider increasing attention,international investment agreements and bilateral investment agreements restrictive clauses in the terms of the transfer have been developed.The second chapter combine different regions, countries design of transfer of capital investment and the transfer restrictions terms, to analysis its provisions interests behind the design, by compare the terms’ advantages and disadvantages.International organizations on major international economic publication of binding legal rules, such as "Code of Liberalization of capital flows," the OECD(OECD)and the promulgation of "Trade liberalization often invisible code", regional trade agreements developing and developed countries reached as NAFTA(NAFTA) and the more developed and perfect American bilateral investment treaties(BIT). All of them templated free transfer of capital, especially in the NAFTA and American BIT template. the scope of the investment can freely transfered from the definition clause will be enlarged as much as possible.At the same time, restrictions on the provision of transfer is extremely rare, only given a certain amount of discretion of the host country in the NAFTA transfer restrictions on financial services.The third chapter carding the transfer terms of bilateral investment agreements China has signed. Starting from the terms of the provisions constituting the transfer clause, noting that bilateral investment agreements with regard to the provisions of the gap, "compliance laws and regulations of the host country," the premise of "laws" of ill-defined, different bilateral investment agreements and the transfer restrictions "temporary departure from the measures" large, content restrictions lag and other issues.Chapter IV will focus on the aforementioned results and problems, make specific improvements on them. Taking full account of China’s national conditions,based on and drawing the advantages and disadvantages of American BIT template,international investment agreements and regional investment agreements on capital transfers and investment-related provisions, from making recommendations ofgiving a clear and complete list of "free transfer" and "transferable project" and to limit the transfer of the contents of the two major aspects to improve the cluse.From the specific provisions of the individual countries, regional and international terms to start, then discussed in the context of the entire investment to improve the system, but also take full account of China changed status in the field of investmen of the new era,I put forward a sound proposal.