The Research On The National Interest Game Of Sino-U.S. Bilateral Investment Treaty Negotiations

National interest is the important basis of national foreign policy and the state diplomatic behavior adjusting, national interest is also an important tool to explain countries’foreign policy.The consistency and conflict of interests is the core power to promote relations between countries.International investment negotiation is a significant form in international politics, Its essence is the differences between economic interests of countries, and core is to reflect and maintain the national interest, So we need explain and study international investment negotiation established in the national interest.International investment negotiation is not only an international economic and legal issues, but also an international political problem.The international economy is always interweave with international politics. Bilateral investment negotiations not only involves business interests of countries,countries’ position and power in the international economic setup, and also involves countries’ security interests, the rights of getting access the market, the domestic stakeholders influence the decision domestic political problems. Sino-U.S. Bilateral investment negotiation is a two-level game between economic and political in the domestic international.National interests of China and the United States is reflected and confirmed by the bilateral investment treaty. therefore, understanding correctly Sino-U.S. bilateral investment treaty negotiations can not be confined to the economic and political factors of the national interest, and also need to consider the requirement of national interests in the bilateral investment treaty.Sino-U.S.Bilateral investment treaty negotiation is a complex and a two-level game process of national interests. Sino-U.S. Bilateral investment treaty negotiations based on the American bilateral investment treaties model with " before access national treatment+negative list".The requirement of Chinese and American national interests are reflected by before access national treatment acquisition and compensation, investment and environment, dispute settlement and other terms in the bilateral investment treaty.The interests contains both the common interests and differing interests between China and the America; Contains both the economic interests of investment and political interests of International relations.Also contains the domestic interests factors (domestic political system, stakeholders) and the international interests factors (national relation-ship, national power) interactions.U.S.’chief negotiators have to take into consideration factors on two level before making decisions.on the international level, the United States have to consider whether its interests requirement will be accepted by China, on the other hand, have to think over whether the agreement can get recognition of domestic stakeholders. The US’ proposals influenced by American constitution and the us’negotiating tactics.on the domestic level, the domestic distribution of power, Preferences and possible coalitions influenced the size of us’ win-set. The U.S.’Congress, the U.S. trade representative’s office, the American chamber of commerce and other interest groups and NGOs expressed support for Sino-U.S. bilateral investment treaty negotiations. At the same time, the U.S. enlarged the win-set by cooperation with China’s non-governmental exchanges, climate issues and so on to enhance the possibility of the bilateral investment treaty between China. The requirement of U.S.domestic interest groups,U.S.’asia-pacific rebalancing foreign strategy, the requirement of U.S.’reshape international investment rules make a result for U.S.’prompting Sino-U.S. bilateral investment treaty negotiations. On the international level, China and the U.S. Still disagree over the state-owned enterprise, transparency and other issues. China enlarged the size of win-set by definitied on of Sino-U.S. bilateral investment treaty negotiations, the core problem of test, the climate and information technology collection agreement, bilateral investment treaty negotiations, is the require of domestic reform and the expansion of economic interests.The challenge of Sino-U.S. Bilateral investment treaty negotiations for the national interest covers three components:firstly,it is reflected on the bilateral investment treaties model:before access national treatment not only means that investment liberalization of china will be improved. But also means that limitation of the control right on admittance of the foreign capital for china.The interest of the state-owned enterprises will face more severe challenges:Sino-U.S. Bilateral investment treaty negotiation set higher requirement on public transparency of supervision and legislation of foreign capital, the application of the investment dispute settlement will be constrained by bilateral investment treaties and ISCID.Secondly, there will be a spillover effects in domestic:Sino-U.S. Bilateral investment treaty negotiation will pressurize domestic reform and legislation in China, U.S. will benefit more economic interest and fair treatment from China, American BIT will be the fashion model of bilateral trade order, Sino-U.S. Bilateral investment treaty negotiation Will leverage the TPP and other multilateral trade negotiations.it will mean a high standard on the access of foreign capital in the investment field; Thirdly, Sino-U.S. Bilateral investment treaty negotiation influence on the bilateral and regional relationship:it will deepen mutual trust between the U.S.and China, lay the foundation of the Asia Pacific economic and trade integration, provide strong driving force for economic prosperity and stability in the world. The forth, Sino-U.S. Bilateral investment treaty negotiation will influence the formulation of international investment liberalization and international investment rules.Through the analysis of the national interests of the U.S.and China in bilateral investment treaty negotiations,China should be realized that the Sino-U.S. bilateral investment treaty negotiation is a interest game process with common and national interests, absolute and relative interests, interests compromise and constraints. China should take the national interest as the fundamental guiding principle in the negotiation, definite content and target of national interests in the Sino-U.S. bilateral investment treaty negotiation, avoid to pursuit of investment liberalization blindly, Formulate and take BIT text as the basis of national interests, pay attention to and coordinate reasonable requirement and vested interests between various stakeholders,and improve the relevant system in domestic, transform benefit-exchange into the balancing of interests. Anyhow, the existence conditions of Sino-U.S.bilateral investment treaty negotiation is the divergent economic interests between china and U.S.with reflected and maintain national interests as the core.Sino-U.S.bilateral investment treaty negotia-tion is a two-level game process with interaction of different national interests between china and the U.S. so Sino-U.S.bilateral bilateral investment treaty negotiation is not only a legal issue, and also an international political problem,In the negotiations, it is necessary to recognize national interests and integrate them appropriately, at the same time, it is should avoid the risks of the national interests in the Sino-U.S.bilateral investment treaty negotiation. To maintain and spare no effort to further national interest is the key of Sino-U.S.bilateral investment treaty negotiation work.