The Application Of China's BITs To Hongkong And Macau

Since the execution of the “Reform and Open Policy”,China has gradually begun its negotiation and conclusion of Bilateral Investment Agreements or Treaties with other countries,of which Bilateral Investment Treaties(BIT)are dominated.In1982,China concluded its first BIT with Sweden,up untill today,China has concluded BITs with more than 130 countries.These investment treaties has provided a more convenient passage for the execution of China's “Bring in” and “Go Out”strategy.Meanwhile,as an emerging big country,China has to confront with many explorations and challenges in its process of emerging into the world stage.Those investment treaties are a reflection of our diplomatic intention to connect with the world,but when these treaties are put into practice,they are not only a continuation of diplomatic intention,but also an inter-state activity under international law and international customary law.Being a country with a special scheme of “One Country,Two Systems”,the application of China's BITs to HongKong and Macau Special Administrative Regions has gained more focus on an international legal level as the influence of China expands in the world.The appearance of this issue is a combination and interaction of China's domestic law,international law and specific articles in the BIT treaties.We need to trail back to its roots in order to give a clear answer to this question,and analyse each and every factor involved.This paper is divided into three chapters,Chapter One discusses two cases involved in china's BITs application to HongKong and Macau,Chapter Two analyses the arising reasons of the blur application of China's BITs to HongKong and Macau from the angle of international law and China's domestic law,etc..and this chapter also explores the opinions of the courts and arbitration courts,their proper and improper reasons through specific cases;Chapter three analyses the influence of Dispute Settlements means in BITs as to their application to HongKong and Macau.and the application scope arrangements in BITs of other countries;and finally the author gives a summary to this paper,and on the basis of which,the author gives her own advice and suggestions to solve the problem in question.