Comparison Of Industry Setting On The Negative List Between The Two Sides In The U.S. BITs And Its Significance To China

With the development of China-U.S.bilateral investment treaty,the two sides make the agreement of the negotiation that is based on the negative list,and the negative list is the difficulty and the importance of China-U.S.BIT negotiation.While the United States has considerable experience of negative list,China lacks the implementing experience of negative list.By analyzing and comparing the way that two sides of U.S.BITs set industries in the negative list,we can study the experience of US so that improving China’s negative list.The new unified negative list of four free trade zones may be the baseline of the negative list negotiation of China-U.S.BIT,they have a close linkage.So there are of great significance in study and learn from the US model BIT negative list,whether it is for the ongoing China-US BIT negotiations or optimization of the unified negative list of China,to further reforming the management mode of Foreign Investment in China.By in-depth analyzing of the negative list of 47 bilateral investment treaties of the United States,the egative list of U.S.will be grouped into six areas,and according to the six areas in the U.S.negative lists,the items in the negative lists of the U.S.BIT counter-parties could be sorted into four categories.By comparing the overall negative list of two sides,we can get the the sector and country distribution characteristic of the four types of items.Finally,comparing and analyzing the negative list of U.S.and the unified negative list of China,shows the difficulties for China to put different sector into the China-U.S.BIT’ negotiation so that put forward suggestions for China to set industry of the negative list in China-U.S.BIT negotiation.