Research On Investment Treatment Clause In Sino-foreign Bilateral Investment Treaties

With the ascending growth of transnational investment practices,bilateral investment treaty(BIT)was publicly accepted as an effective method in terms of investment promotion and protection,in which investment treatment clause is one of the key contents and valued by both parties in a BIT negotiation process.It has been 35 years since the government of China had its first BIT and the development of bilateral investment never stops.The ICSID Case Ekran Berhad v.People's Republic of China and Sino-US BIT negotiation brought new problems that investment treatment confronted into our sight.Meanwhile,our government's attitude towards these new development of investment treatment has been slowly changing.Until now,there is not a treaty which could embody a concentrated reflection of our government's standpoint to the key contents in BITs,which will become a big disadvantage for China when negotiating with the other party about a new BIT.In this case,drawing up a model BIT according to China's investment practice is necessary.As for investment treatment clause in Chinese model BIT,it should be specified in order to emphasize our government's demand in the upcoming transnational investment practices.