The Research Of Hong Kong And Macao Investors Appiy For Chinese BIT Problem

A case that Macau investors according to the Chinese BIT suing the foreign government investment arbitration,ruling repeatedly twists and turns,the parties have different opinions and arguments,has not been determined,reflecting the "one country,two systems" under the background of Hong Kong and Macao investors for the BIT of dilemma in China.In this paper,based on the view of this problem,and delve into the general theoretical analysis of international law,and combined with their own thinking,just BIT of China,Hong Kong,Macao and Hong Kong and Macao investors can apply Chinese investors apply BIT BIT of China and the necessity and the significance of Hong Kong and Macao investors apply to discuss obstacles exist,and put forward the relevant way to solve,in order to solve the problem of Hong Kong and Macao investors for Chinese BIT.In this paper,the text is divided into four chapters:The first chapter,the problem come about.Through a brief introduction to Sanum Investments Ltd.v.Goverment of the Lao People's Democratic Republic,which leads to the Hong Kong and Macao investors apply the BIT related issues in China.The second chapter,Hong Kong and Macao investors apply the theory basis of the BIT.Supporter from the priority rules of international law and treaties shall apply boundary moving rules,decided that Hong Kong and Macao investors can apply BIT in China.Opponents on the basis of the applicable scope of the exclusion,the related provisions of domestic law and practice of the Chinese government don't think of course for Chinese BIT of Hong Kong and Macao.Finally the author based on some facts about Sanum company case and the parties point of make a comprehensive analysis,come to the conclusion that Hong Kong and Macao investors can apply Chinese BIT.The third chapter,discuss the practical significance of Hong Kong and Macao investors in applying Chinese BIT.The importance of protecting the investment interests of investors in Hong Kong and Macao and the necessity of China's BIT are analyzed respectively.The fourth chapter,analysis of Hong Kong and Macao investors for Chinese BIT barriers,and corresponding to the central government,Hong Kong and Macao and Hong Kong and Macao government investors about Hong Kong and Macao investors for Chinese BIT give me some specific and feasible way to solve problems.