Font Size: a A A

A Study Of Foreign Investment Pre-Access National Treatment

Posted on:2018-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:M R YangFull Text:PDF
GTID:2336330536974536Subject:International Law
Abstract/Summary:PDF Full Text Request
With the development of international investment liberalization,foreign investment pre-access national treatment has gradually been accepted by many countr ies,and has appeared in the bilateral,multilateral and regional legislative level.Howe ver,there are some differences in the content of the principle,the suitable conditions and the use of the benchmark,thus those countries who will accept the principle often set limits on the treaties and domestic legislation.After years of struggle,china has become one of the largest countries in the world to absorb foreign investment.In the summer of 2013,in China and the US bilateral investment treaty negotiati ons,China side agreed on foreign investment pre-access national treatment and neg ative inventory model.In the same year,China established China(Shanghai)pilot fre e trade zone,the main purpose is to further explore the negative list management,to promote a higher level of reform and opening up and deeper level about the reform o f foreign investment management system.China will build open and transparent and e ffective regulation of foreign investment access system,at the same time building glob alization and legalization of the business environment.The establishment of the Shang hai pilot free trade zone to promote the negotiations on bilateral investment agree ments between China and the US,the practice of the formation of a "copyable,ca n promote" experience and system for Fujian,Guangzhou,Tianjin pilot free trade zon e to accumulate effective systems and experience.This means that China will fully give foreign investment,including all kinds of foreign investors and foreign investment of the national treatment,will have the current "access" advance to "pre-access".Therefore,whether foreign investment pre-access national treatment is applicable in our country and how to apply the problem is imminent.In ord er to adapt to the new economic situation,china should continue to promote intern al and external reform and opening up,flexible combination of introduction an d going out of the concept.We will gradually expand investment access standards,amending negative list,speeding up the construction of trade zones,Constantly impro ving foreign investment legislation.This paper is divided into four chapters except the introduction and concl usion.The first part mainly deals with the meaning of national treatment and f oreign investment pre-access national treatment,Analyzing of foreign capital pre-access and access to the difference.The second part focuses on the analysis of the practice and theory of foreign investment pre-access national treatment in bila teral Investment agreements and multilateral Investment agreements.The third part mainly explores the application of foreign investment pre-access national treatm ent in our country,Including the application and the existence of problems in S hanghai pilot free trade zone,and the provisions of our foreign law on national t reatment.In the negotiations China-US bilateral investment prescribed the new a ttempt and difficulties in negotiations of foreign investment pre-access national treatment.The fourth part mainly propose that further legislative and practical a dvice on the implementation of foreign investment pre-access national treatment in the pilot free trade zone,put forwarding the relevant improvement measures.At the same time,the paper put forward the negotiation of China-US bilateral i nvestment about the strategy of foreign investment pre-access national treatment.And analyzing the attitudes and legislative problems in the process of internati onal investment liberalization in China.
Keywords/Search Tags:National Treatment, Pre-access National Treatment, Negative List, Bilateral Investment Treatment, Pilot Free Trade Zone
PDF Full Text Request
Related items