Research On The American Definition Of International Investment

The terms about the definition of investment are used to define the applicable scope of the investment treaties, which should solve the problem firstly. The terms are core, which relate to the success or failure of investment treaties. America can adjust the definition of investment timely according to the development trend of international investment and its own national conditions. Its definition is expanding increasingly,but it has been properly restricted in recent years in order to achieve the balance of international investment protection and national sovereignty. I will conduct a comprehensive study of the definition of investment about America which is very lack, and make up the blank. Practically, the study is beneficial to adopt the definition of investment reasonably when China is signing investment treaties, which helps china to achieve an advantageous position in international investments.I adopt methods including legal hermeneutic, comparative study and historical research. I adopt the method of legal hermeneutic, such as direct interpretation, objective interpretation and so on, which is used to interpret the definition of investment in Chinese and American investment treaties,and clarify its connotation and extension. I adopt the method of comparative study, which is used to show the differences of the definition of investment between China and America, and point out that China is able to learn from America relate to the definition of investment. I adopt the method of historical research, which is used to show the variation between China and America in the different historical stages, and point out the development trend of the definition of investment respectively.The article contains four aspects. Firstly, I introduce the overview of the definition of international investment and clarify basic concepts, which laid the foundation for the next study. Secondly, I clarify the definition of investment about America in different forms of legal documents, and point out its variation, and analyze the reasons for these changes. Thirdly, I explain the investment arbitration relate to America define the investment,and show its changes and the reasons.Finally, I focus on discuss the definition of investment in Chinese bilateral investment treaties,especially for recent several bilateral investment treaties and Chinese Investment Protection Agreement Model(draft),and point out the advantages and the disadvantages in the definition of investment about China, and seek to strategies so as to optimize the definition of investment about China, which should be combined with the excellent experience about American investment definition practice.