On Investment Treatment Issues Between China And ASEAN Countries

With the rapid development of international investment,the basic normative value of international investment agreement is increasing steadily.Investment treatment is an important part of international investment agreements and plays a vital role in international investment protection and settlement of investment disputes.A perfect legal mechanism for international investment cooperation is necessary to the steady development of international investment between China and ASEAN countries.In order to enhance its operability,the formulation of international investment treatment clauses should avoid the emergence of uncertain terms under the ideal condition.However,the articles of the investment agreement between China and ASEAN countries adopt a relatively vague expression,which leads to problems such as inconsistent application stage of investment treatment and unclear interpretation standard in the investment practice.On the basis of existing international rules and order,the legal guarantee mechanism of international investment cooperation between China and ASEAN countries needs to be further improved.Based on the research about the basic issues of investment treatment,this paper discusses the current situation,Dilemma and causes,improvement suggestions of investment treatment between China and ASEAN countries.Basic issues such as the theoretical definition of investment treatment,the influencing factors of investment treatment and the applicable scope of investment treatment are the premise and basis for studying any specific international investment treatment.In view of the problems in national treatment,most-favored nation treatment and fair and just treatment between China and ASEAN countries and this paper discusses the questions on the basis of bilateral investment treaties,free trade area of the investment agreement about the terms of the investment treatment that have signed between China and ASEAN countries.Referring to the investment treatment under the multilateral trading system and using for reference of the relevant treaty provisions(such as the US model,the relevant provisions of NATFTA and the new BIT signed by China with Canada,Japan and South Korea after 2000)and combining with the case analysis shows that legal issues existing of the investment treatment in the applicable.In view of the above problems,this paper,based on the consideration of the status and interests of a major country,combined with China's foreign investment law,introduces the "sustainable development legal framework" and "harmonious concept",and puts forward Suggestions to improve the specific issues in the investment treatment of China and ASEAN.China has double identity of capital exporting and capital importing countries,The particularity of identity requires that China should take into account the sovereignty of the host country and the interests of investors in the process of communicating with ASEAN countries.Finally,from the standpoint of China,this paper puts forward some Suggestions for improving the investment treatment system in domestic laws,bilateral and multilateral treaties,so as to better promote the economic development of China and ASEAN countries.