Study On The Nationality Identification Of The Company In Diplomatic Protection

After the reform and opening policies was adopted in china. The level of economic development is improved obviously. After joining the WTO, not only the level of domestic economy improves very quickly, but also indicates that Chinese economy has stepped into the international economic system. The foreign enterprises gradually increase their investment to China. At the same time, the Chinese companies begin to do some investments in abroad, because the Chinese market now are not suit the growing of Chinese companies. When dealing with the international investment disputes, we will face two requests from different subjects. One is from the Chinese companies in abroad, and the another one is from the nationality state of the foreign companies in China. There are many methods to settle the disputes, one of these is the diplomatic protection.Diplomatic protection means that if the legitimate interest of the foreign nationals is infringed by the Host Government and can not be relieved. The foreigners’ country can use diplomatic or other means to request compensation from the country which harm its citizen. The country using the diplomatic protection right is based on the jurisdiction of the country has. The jurisdiction can be divided into territorial jurisdiction, personal jurisdiction, protective jurisdiction and universal jurisdiction. At first, the object of diplomatic protection just include natural person. Later, with the developing of economy, it not only include natural person, but also include company. To determine whether a country has the right to exercise diplomatic protection, the key point is that whether the company has the nationality of the country. About The corporation’nationality, there are two aspects which we should take care, one about the theory analysis of corporation ’ nationality, another about identification rules of corporation ’ nationality. About the second aspect, the most important things are nationality continuity principle and genuine link principle. The United Nations International Law Commission produced a set of Draft Articles on Diplomatic Protection in 2006. It can be seen as standard in this area.The existing research most focuses on the diplomatic protection system. The nationality problem is just as one of the aspects to discusse. There are few studies specifically studying the nationality problem. The existing domestic legislation for the nationality of a corporation is not perfect. But we know that to identify the nationality of corporation is so important. So we should try our best to study the nationality identification of company. So that China can protect its own company more better. Also can let the "going out" and "bringing in" goals implemented better, and promote the development of economy.