Bilateral Investment Treaties: China's Perspective

This dissertation is divided into three parts: prefacex text conclusion.In the preface, the author concentrates on analyzing the practical value and academic meaning of researching bilateral investment treaties, comments briefly on the present researching situation carried out by domestic and overseas scholars, tells the readers the researching methods taken in this thesis, basic framework and outline of this thesis.The main part of this thesis consists of six chapters, As an introduction, the first chapter focuses on the concept characteristics nature classifications of bilateral investment treaties, its status in international investment laws and its institutional and economic efficiency as well, The author points out that bilateral investment treaties includes bilateral agreements on reciprocal promotion and encourage investment and agreements (or exchange notes) on investment insurance (or guarantee) .Although liberal international investment regimes cannot be developed from them, prospective investors seldom regard them as the sole and final element during their decision-making process either, at the same time, it is impossible to testify whether there exists some kind of positive relation between bilateral investment treaties and the flowing direction and the quantity of international capital supply, Bilateral investment treaties are still an important category of legal source of international investment laws.Corresponding to the arraying order of several core and important clauses in Chinese bilateral investment treaties, from the second chapter to the sixth chapter, the author in turn analyzes the applying scope clause investment treatment clause expropriation and its compensation clausex and investment disputes settlement clause, Based on analyzing bilateral investment treaties themselves and combining with reference to domestic laws and regulation of some developed and less-developed countries international treaties international documents and arbitral or judicial precedents, the author puts forth some constructive suggestions with a view to providing some guidance to amend pertinent stipulations in domestic laws and regulations and present bilateral investment treaties.