A Research On The Pre-Establishment National Treatment Of Bilateral Investment Treaty Between China And The Unite States

In the field of traditional international investment law, national treatment(national treatment) generally applies only to the post-admission stage of foreign investment. Recently, multilateral and bilateral investment treaties began to put forward to expanding national treatment is suitable for the pre-admission stage of foreign investment, and promote with in the United States and other developed countries, Pre-establishment national treatment has become a common terms which developed countries concluded bilateral investment treaties. Now, there are at least 77 countries have adopted pre-establishment national treatment and negative list mode in the world, this mode has gradually become a new trend of the development of international investment rules.China-U.S. bilateral investment treaty(BIT) negotiations has became the international focus, which are ongoing of China and America, and has been more and more attention. The achievement of the agreement is not only beneficial to the improvement of investment environment between the two countries and the development of trade relations, will also have a significant impact on global economic and trade relations. China-U.S.bilateral investment treaty negotiations has been slow after the launch since in June 2008. One of the reason is that there are more differences in terms of content of bilateral investment treaties of two sides, the most key and difficult issue is whether the national treatment in foreign investment can extend from post-admission stage to pre-admission stage. In July 2013, in the China-U.S. strategic and economic dialogue, the two sides confirmed pre-establishment national treatment and negative list mode to start negotiations After the paper describes the negotiations motives and evolution of China-U.S.BIT. when it discussed China-U.S.BIT negotiations on access before national treatment differences. Analysis of the two sides on whether to extend national treatment applies to access to the previous stage and the development of a range of negative lists has a different view. Then discussed the challenges of pre-establishment national treatment in China-U.S.BIT, and put forward to how to deal with the introduction pre-establishment national treatment in China-U.S.BTI. Formulating the negative list that is in line with China’s national conditions and accepted by China-U.S; Learning from the successful experience of the developed countries such as the United States and the effective use of national security review system to regulate and guide foreign investment; Some laws and regulations which are not in conformity with pre-establishment national treatment shall be repealed or amended; After the relaxation of foreign investment, to strengthen the supervision of foreign investment and other four aspects of the proposal, so as to better protect the interests of China’s economy.