Research On State-Owned Enterprises In BIT Core Terms

In recent years,the overseas investment flow of China's state-owned enterprises grow rapidly.There is a difference between the investment activities of private companies and state-owned enterprises investing abroad,which is the latter shoulder the important task of implementing the national strategy of the home country.They are often supported by various forms and even subsidies from home countries.There are some special investment relationship between these state-owned enterprises and the host state state-owned enterprises that also undertake similar strategic implementation tasks,and the state-owned enterprises in the third country.In addition,they also have particular connection with the non-state-owned enterprises in the third countries or in the host states,even with the host country about investment.Therefore,in the recent negotiation of some investment treaties,state-owned enterprises have become the topics of negotiation that are of major concern to all countries.Due to the scarcity of at home and abroad research in this area,this paper intends to use the perspective of bilateral investment agreements to analyze the problems of state-owned enterprises,focusing on investor-defined terms,non-discriminatory treatment terms and essential security exception and the relationship between state-owned enterprises.In addition to conclusion,this article is divided into four chapters:The first chapter is the introduction of state-owned enterprises in the perspective of bilateral investment agreement.This chapter introduces the background of the emergence of China's corporate problems in the terms of the bilateral investment agreement,and provides a basic review of the status of domestic and foreign research.Through above,I tend to explain the significance of the research about the state-owned enterprises issues in international investment agreement of China and determine the research range of the article.The second chapter deals with the problem of state-owned enterprises in the terms of investor definitions.This part will sort out and research the investor definition clauses in the international investment agreement,and determine whether the state-owned enterprises belong to the investor by comparing the definition of investors in the different treaty texts and the determination of the nature of the state-owned enterprises.The third chapter deals with state-owned enterprises under non-discriminatory treatment terms.Firstly,this section sorts out the connotation and the forms of non-discriminatory treatment clauses in bilateral investment agreements.Then analyzes the identification of "similar situations" in non-discriminatory treatment standards with typical case studies.At last,it reveals the identification of "similar situations" related to state-owned enterprises.The fourth chapter deals with the issue of state-owned enterprises under essential security exception.This section clarifies the meaning of national security,the form of expression of national security provisions and the conditions for citing national security provisions.On the other hand,it combines the national security review systems of the United States,Canada,and China,as well as typical cases,to illustrate the problems faced by state-owned enterprises in essential security benefit.At the end of each chapter above,there is a special section entitled "The status,problems,and countermeasures in China".Based on the previous conclusion,this part examines the state-owned enterprises in the terms of bilateral investment agreements between China and foreign countries,reconsidering,reconstructing and deconstructing.