Research On The Fair And Equitable Treatment Clauses In Chinese And Foreign Investment Agreement

Fair and equitable treatment is one of the core clauses of international investment agreements.It also has a unique important position in bilateral investment treaties and is frequently cited in investment disputes between investors and host countries.Due to the vague and abstract meaning of fair and equitable treatment clause,there are many disputes in the specific application,which has attracted wide attention of scholars.Firstly,based on the context in which fair and equitable treatment arose and its status in international law,this paper makes analysis of the 148 bilateral investments treaties that China has concluded in terms of wording,expression,and relationship with other treatment reveals many problems around fair and equitable treatment such as inconsistent descriptions,non-specific elements,and unclear positioning,which need further improvement.Secondly,through the path analysis of the reform of fair and equitable treatment provisions in the United States and the European Union,China can learn from its relevant experience to optimum installation of fair and equitable treatment.Finally,this paper tries to make pertinent suggestion for improvement,that is,in the future,China should unify the expression of provisions in bilateral investment treaties,clarify the independent status of fair and just treatment provisions,return to the principled status of fair and just treatment provisions,and regularize the elements of fair and just treatment provisions in order to protect the interests of China and its investors.