A Preliminary Study On Some Legal Issues In The "Negative List" In Sino - US Bilateral Investment Agreement Negotiations

China and the United States will negotiate with the “negative list”. This study summarize thehistory and concept of negative list firstly. Then this study discuss the legal issues and the maindivergences related to “negative list”. From the respective of balance the interests of investment inthe host country and growth in overseas investment, studying the KORUS FTA which reflects thespirit of2012U.S. Model Bilateral Investment Treaty and referring to the practice of “negative list”in other developing countries, the author will put forward some reference suggestions for the wayand strategy of negotiation of “negative list”, especially for the development and optimization ofChina’s “negative list”.The methods of this study are historical method,empirical method and data studies.Through analyzethe information of “negative list” from authoritative scholars, the author summarize the history andbasic theory of “negative list”.By analyzing the main legal issues of “negative list” in NAFTA andKORUS FTA, the author put forward some reference suggestions about the optimization of China’s“negative list”.The author concludes as follows:in the next negotiation of “negative list”,China should put forwardand optimize China’s “negative list”gradually;Through study the way and strategy of negotiation of“negative list”, China should positively engage in the negotiation, push forward the negotiationprogress and protect the core interests of China...