| With the development of the globalization of the world economy, foreign direct investment ("FDI") has become the engine of the world economy. However, international investment law on FDI, just as jurist A.A.Fatoueos stated, is overlapped and fragmental. In contrast Bilateral investment treaties("BITs"),intended to promote and protect foreign investment ,are relatively new but increasingly common instruments of international economic relations. China has recently joined the worldwide trend towards negotiating BITs from 1982 first with Sweden .100 Sino-foreign BITs have been concluded by the end of 2001.It is specially important and urgent to study Chinese BITs in the background of eagerly attracting and exploiting foreign investment and increasing overseas investment. The dissertation in question, taking BITs as its study subject, is composed of four parts, the main contents of which are as following:Part I : Analysis of articles of Chinese BITs. In this part, the author intends to analyze the specific articles of Chinese BITs in order to describe a clear and complete picture for the BITs and pave the way for the following analysis. It is very important for the study of the articles for importance of the articles and its lack of research. The Chinese BITs examined in this dissertation are very similar in structure but different in substantive provisions. Some key provisions which in turn are preamble, scope of application, general standards of treatment, expropriation clause, repatriation clause, subrogation clause and dispute resolution, etc are discussed, highlighting, where appropriate, any differences among them and divergence from model agreements used worldwide by countries entering into BITs.Part II: Characteristics of the Chinese BITs. Striking features of Chinese BITs have been formed in the 22-year history of concluding BITs. First, owing to politics and economy, etc, as far as signatory country is concerned, China has attached great importance to developed countries,socialist countries and neighboring countries, which leads to insufficiency of coverage. Second, due to difference of politics, culture and interests, there exists lots of "gray information" in the BITs, which expresses a vogue and indefinite content. Lastly, investment liberalization is deeply branded on the Chinese BITs as a part of international investment law. But liberalization is a two sides sword, so national interests of China as a developing country should be paid more attention.Part : Positivist analysis of contribution of Chinese BITs. This part discusses the current significance of Chinese BITs with respect to the contribution they make to China's overall legal framework for foreign investment, and their impact on attracting foreign investment to china. BITs as a part of international investment law has promoted and added the legal framework for FDI. But there are some conflicts needed coordination between them. With regard to FDI performance and BITs, the conclusions have been drawn that The existence of a BIT is only one of several factors that enter into the investor's decision making process and, thus, affect the flow of direct investment. It is certainly not the most decisive one. Its importance varies from case to case.Part IV: Suggestions of improvement on Chinese BITs in the future. In virtue of defects in the BITs and the new problems and tendency continuously arising from the FDI, revision and improvement are needed in the concluding practice in the future. Based on the discussion above and in view of existing situation of negotiating BITs , the author offers some suggestions. Above all China should strengthen the work of negotiating BITs from with developed countries, especially America, Canada and numerous developing countries. Two problems should be solved in concluding BIT: model treaty; preparation before negotiation and connection between principle and flexibility in concluding BIT. At last some suggestions are offered on specific articles according to the contents ofWTO. |
PDF Full Text Request