Legal Issues Of Foreign Investment, National Treatment Study

Our country has joined WTO, and we are striving for more independent right in the international economy business. Therefore, giving the foreign investment national treatment is our necessity choice. Along with the implementation of national treatment system, the foreign investment will affect the development of our economy more broadly and more deeply. These influences is beneficial to our country one side, also has its disadvantages aspect.This article is based on the legal source and the economic principle of national treatment, obtains its suitable necessity, discusses its applicable scope and the standard, summary its practice in international investment law and in law of the land. Facing the disadvantages of its implementation, the article tries to obtain the solution method. This article is divided three parts, in the discussion of national treatment questions in foreign district investment.Part I focuses on the basic questions of national treatment in the field of international investment. From a legal origin and the principles of economics, it introduces both the origin and development of the national treatment system, then focuses the controversial issue in the theoretical view—the criteria and the object of national treatment—analysis one by one, at last draws our conclusions.Part II focuses on the national treatment system used in the international investment law. First, it recalls the practicing course of national treatment in bilateral treaties. Second, it analyzes the national treatment principle of the international multilateral investment treaty as the cases of "North America Free Trade Agreement" (NAFTA) and the "Multilateral Agreement on Investment" (MAI). Finally, it introduces the regulatory system of national treatment in a package of agreements of WTO.Part III is to assess the practices and systems of our foreign capital treatment. This paper analyzes and evaluates the existing foreign treatment policy according with the principle of national treatment, and the "super-national treatment" and "sub-national treatment" policy under special historical conditions. Then puts forward the legislation to deal with foreign policy in view of the potential problems from the national treatment system.