On National Treatment Clauses In The Bilateral Investment Treaties Of China

In recent years, with the rapid expansion of overseas investment, China has achieved a transformation which is from the single capital input country to the dual status of both capital inputting and capital exporting. However, the national treatment clause which is based on the traditional capital inputting country in bilateral investment agreements, have been unable to meet the needs of the reality. Setting fair and mutual benefit as the core value orientation has become the inevitable choice when making the national treatment clause in the future.This paper is to study China’s national treatment clause in bilateral investment treaties and then offer suggestions of contract. It is divided into five chapters.The first chapter analyzes the national treatment clause of bilateral investment treaties in the characteristics of contract, importance and the different choices of countries with different status of contracting, emphasizing that one country should regress the characteristics of contract when it is in the dual status.The second chapter addresses the changes of the national treatment clause in our country, analyzes the existing problems of the national treatment clause and the adverse effects to the utilization of foreign capital in China. The author believes that the existing national treatment provisions have already hindered our country from further expanding the scale of investment and improving the quality of foreign capital. The third chapter analyzes the loss of protecting our overseas investment in the national treatment provisions which will surely bring risk to our investors, see the change of our country’s attitude.The fourth chapter analyzes the application of national treatment in other countries and international arbitration institutions, and provides reference for the improvement of the national treatment clause.Chapter five, based on the discussions above, respectively from the perspective of the theory and practice to re-examine the national treatment clause of our country under the background of identity confusion, then draw the proposal of contract.