Research On The Legal Issue Of Pre-establishment National Treatment Of Foreign Direct Investment

With the spread of the idea of investment liberalization,investment access restrictions become looser,more and more countries have applied a trend of"forwarding" to the national treatment of foreign investmentl,namely Before foreign investment enters the host country,foreign investment is given national treatment.At present,more than 70 countries around the world have adopted Pre-establishment National Treatment.The principle of pre-establishment national treatment has become a hot spot in the current international investment law field.Lately,one of the focuses of discussion on international investment rules is whether or not foreign investment must be given pre-establishment national treatment.On this issue,developed and developing countries have different positions.Although the developing countries,the main importers of foreign investment,have loosened,they are still cautious on the whole.Applying the principle ofpre-establishment national treatmentin advance,on the one hand,it is conducive to investment liberalization and accelerate the flow of foreign investment;On the other hand,it should also be noted when the pre-establishment national treatment is applied,the host country's economic sovereignty will be eroded and the control of foreign investment shrinks.China is not only a capital importer but also a capital importer,which is called dual identity,therefore,it is necessary to comprehensively balance the balance between investment liberalization and the maintenance of economic sovereignty.While effectively utilizing foreign capital to promote domestic economic development,China also promotes foreign investment in its own capital.Based on China's "double identity"background in the international investment arena,China should re-examine the principle of pre-establishment national treatment.The article takes the basic issue of pre-accession national treatment as the entry point,by combing the relevant basic concepts,it will pave the way for the further study.Exception as pre-establishment national treatment-nagetive list,there are several Differences and links,through comparative analysis,explain the importance of negative lists in the application of pre-establishment national treatment.In addition,based on the perspective of comparative law,the article describes the international application of the rulesof pre-establishment national treatment,such as NAFTA,MAI.Finally,the article turns the research perspective into domestic,China should accurately determine the pros and cons of pre-establishment national treatment.Combining the above analysis,the article proposes favorable policy options for the country,and at the legislative level,it provides institutional guarantees for the full implementation of pre-establishment national treatment.