The Balance Between The Expansion Of The Right Of Establishment In International Investment And The Interest Of Host Country

Corresponding to the steady increase in international direct and indirect investment,the international investment agreements indicate its continuous development in quantity and complexity.From the first bilateral investment treaty in 1959 to the mid-19 th century,the number of international investment agreements experienced modest growth,and since then developed rapidly.By the middle of the nineteenth century,however,international investment agreements were mostly in the form of bilateral investment treaties,and regional trade agreements or other economic cooperation treaties containing investment terms in recent years were valued.Developed countries since the beginning are the protagonists of the international investment agreements,but in recent years developing countries have played more roles.However,the flow of international capital also plays different roles with the delicate relations among various countries,especially in various fields such as politics,economy,culture and social relations between developed countries and developing countries.International direct investment may have a negative impact on a country's economic development,industrial structure,and even national economic security.For developing countries,large-scale international capital flows can create unprecedented opportunities for development and huge potential risks at the same time.Therefore,the developing countries are generally cautious about the entry of foreign capital.They often control the entry of foreign capital by restricting the investment field,setting up access control,stipulating investment measures and strengthening means of foreign investment management.In the process of economic globalization,the developed countries will actively promote the process of world economic liberalization,including investment liberalization,with the purpose to expand the global market and get more benefits from the perspective of self-benefiting.On the other hand,in order to obtain foreign capital,technology and management experience to promote their economic development or to increase trade opportunities,speed up the completion of industrialization and modernization,developing countries tend to reduce the restrictions on foreign investment,especially to optimize the reform of legal system in international investment.wishing achieve the strengthening of the protection of foreign investment,joining the ranks of investment liberalization.Therefore,in the world,this mutual supply and demand will undoubtedly promote the degree of liberalization of international investment.One of the most striking phenomena is the liberalization of international investment in countries,so that international investment access in the global context of a "expansion" of the trend.The study of international direct investment(FDI)often involves multi-stakeholder interests,from the perspective of host country's foreign control,such as market access,investment treatment and other issues are often based on the host country's own considerations.However,the interests of foreign investors who are targeted by the state cannot be ignored.The coordination between the country or the investment,and ultimately to reflect the rights of investors.If a State's authority has infringed upon the rights of foreign investors under the conditions of an international obligation,it shall bear the responsibility of the State.And in what areas the host country can allow foreign funds to intervene and the extent and extent to which such intervention is limited,the host country will have any management measures,but the host country has to take the issue into account.As the liquidity of foreign capital and the difficulty of regulation are more complicated than domestic capital,it is a very realistic and extremely complicated question whether such a country should be balanced and supervised in such an increasingly high degree of international investment liberalization.The essay looks forward to the discussion of several key issues in the conclusion of bilateral investment treaties from the aspects of protecting investor's investor treatment clause and the exception clause of safeguarding the interests of the host country,starting from the current investment situation in China.Provide a way to balance the interests of the host country and the investor in the process of preparing the model for bilateral investment treaties.And get the following parts corresponding conclusions:The first part is mainly a brief introduction to the right of establishment in international investment.It includes the basic content,the right attribute and the related rights of the international investment right,which embodies the private nature of the right of establishment and the relation with the right of access to investment.In the second part of the first part also includes the host country investors to the formation and composition of the system,from the perspective of legal norms to the reader to build an investment ownership of the context.The second part is the comparison between the early development of international investment model and the recent development of international investment ownership status and trends.This paper expounds the international economic freedom background from the perspective of the expansion of the definition of investment in international investment treaties,the broad interpretation of international investment in international arbitration and the effect of international investment on the public interest of the host country.Under the international investment ownership of the expansion trend.The third part is based on the comparative law to analyze the other countries in Europe and the United States in the face of international investment in the development of the right to expand the trend of how to protect the interests of the host country from the point of view,to maintain the interests of investors and host countries balance The Analysis of the corresponding legislative and legislative intent,taking into account the positive effects and negative effects,the purpose of China's future investment in the protection of the rights and interests of the host country to provide a reference to the ideas and pathways,and thus follow the trend to improve and optimize our current Of international investment norms.The fourth part is based on the reference to the third part of the basis,according to China's actual situation and practical needs,to build China's new host country-investor equity balance this important goal to put forward a feasible way to promote.The main structure of this part is reflected in the three aspects of the expansion of the international investment in the second part.In turn,it provides legislation and practice improvement path and method for each type of expansion performance,so as to be China's future international investment tide That is,to protect the investment to go out,but also in the absorption of foreign investment while maintaining their own tangible rights and interests to achieve a win-win investment.