The Evolution Of China's Bilateral Investment Treaties

Bilateral Investment Treaty(hereinafter referred as BIT), comes into being along with the development of transnational investment, it is an agreement signed between two countries to promote,encourage and protect mutual investment. As the most important legal form of international investment law, BIT plays a very important role to overseas investment between capital-importing countries and capital-exporting countries. Along with the reform and opening up, China BITs have greatly development. In 1982, China signed its first BIT with Sweden. Subsequently surging in number to well over 130 at the end of 2015, which is the country with the largest number of such agreements in the world. For a long time, in order to improve the investment environment to attract foreign investment, the Chinese government has been actively concluding BITs to provide an effective legal guarantee and confidence; China has emerged as the largest foreign investment in developing countries. During this period, China positioned itself as a country to attract investment, focus on protecting the interests of the host country, the content of BITs also simple and strive to reduce the obligations of the host country. After entering the 21 st century, with the “going out” strategy, Chinese overseas investment is getting stronger and stronger. By 2014 China has become a net inflow of direct investment abroad. China has become a dual role of both capital-importing country and the capital-exporting country, the old generation BITs can't meet the economic development needs of the present stage, and there are a lot of limitations.China-America BIT?China-EU BIT marks the China's new generation BITs. In the absence of multilateral international investment agreements, the new generation BITs is very important. While US-led TPP?TTIP not only exclude China, so China is facing tremendous pressure of competition in the Asia-Pacific region, but also raised new issues beyond the traditional BITs: access before national treatment, the negative list, environment protection, labor standards. Therefore, China should negotiate a series of major new developments in the international economic and trade rules,updating existing BITs,building China's BIT Model, through the China-America BIT?China-EU BIT?other's central negotiations in the same period, as well as “the Belt and Road” strategy to deal with the changes and challenges brought by the new generation BITs, increase participation and the right of voice in the international investment new rules.The thesis is divided into three parts, which are Preamble, Text and Conclusion. The Text is consisted of three chapters. The Chapter 1 is about the history and evolution of China BIT signed circumstances. In Chapter 2, it analyzes China FDI patterns change and its impact on China's BIT. The Chapter 3, it analyzes new trends of Chinese's BITs, and proposed strategies under the new trend of Chinese's BITs.