谈判中的中美双边投资条约国民待遇原则研究
发布时间：2018-07-18 07:42
【摘要】：目前中国与美国正在进行双边投资协定的谈判。本文从四个方面研究谈判中的中美双边投资条约国民待遇原则问题。首先研究谈判过程中遇到的分歧,包括一般分歧与主要分歧。一般分歧主要是关于如何定义投资与投资者,通过对比美国2004年与2012年范本中的定义来与我国2015年1月商务部公布的《外国投资法(草案征求意见稿)》中提出的定义进行分析。对其中的业绩要求美方提出在很多领域给予业绩要求,而中方以前不愿意做出业绩要求的规定,但是最近几次和他国签订的双边、多边协定中也在某些特定领域给予了业绩要求的规定。同时提高了劳工与环境保护标准,这也是在签订协定过程中双方争执的一般分歧,并完善了投资者与东道国争端解决机制的途径。其次就是研究主要分歧,包括外资准入与国民待遇。通过对外资准入前国民待遇进行利弊分析,再与我国此前一直采用的准入后国民待遇进行比较,分析准入前国民待遇和准入后国民待遇在我国经济发展过程中所带来的影响。第三部分从外资运营与国民待遇的角度,分析司法行政救济方面的国民待遇、民事权益保护方面的国民待遇和宏观管理方面的国民待遇。最后探讨负面清单与国民待遇。首先研究负面清单为基础的准入前国民待遇,并在此基础上寻找资本输入国与输出国的利益平衡,最后探讨中美双边投资条约的达成将会产生的影响,分析其将对我国国民经济产生的冲击。本文重点主要是研究准入前国民待遇与负面清单问题,这是中美双边投资协定达成的关键问题,也是双方的主要分歧。
[Abstract]:At present, China and the United States are negotiating bilateral investment agreements. This paper deals with the principle of national treatment of bilateral investment treaties between China and the United States in four aspects. First of all, we study the differences encountered in the negotiation process, including general differences and major differences. The general differences are mainly about how to define investment and investors. By comparing the definitions in the American Model of 2004 and 2012, the author analyzes the definition of the Foreign Investment Law (draft) published by the Ministry of Commerce in January 2015. The US side has asked for performance requirements in many areas, but China has not been willing to make performance requirements in the past, but on recent occasions it has signed bilateral agreements with other countries. Multilateral agreements also provide for performance requirements in specific areas. At the same time, the standard of labor and environmental protection has been raised, which is also the general disagreement between the two sides in the process of signing the agreement, and the way to perfect the dispute settlement mechanism between investor and host country. The second is to study the main differences, including foreign access and national treatment. By analyzing the advantages and disadvantages of the national treatment before the admission of foreign capital, and comparing it with the national treatment after the admission, this paper analyzes the influence of the national treatment before and after the admission in the process of our country's economic development. The third part analyzes the national treatment of judicial administration relief, civil rights protection and macro management from the perspective of foreign capital operation and national treatment. Finally, the negative list and national treatment are discussed. First of all, to study the pre-entry national treatment based on negative list, and on this basis to find the balance of interests between the capital importing countries and the exporting countries, and finally to discuss the impact that the conclusion of bilateral investment treaties between China and the United States will have. Analysis of its impact on China's national economy. This paper focuses on the issue of national treatment and negative lists before admission, which is the key issue of bilateral investment agreements between China and the United States, and is also the main difference between the two sides.
【学位授予单位】：北方工业大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.295
本文编号：2131217
[Abstract]:At present, China and the United States are negotiating bilateral investment agreements. This paper deals with the principle of national treatment of bilateral investment treaties between China and the United States in four aspects. First of all, we study the differences encountered in the negotiation process, including general differences and major differences. The general differences are mainly about how to define investment and investors. By comparing the definitions in the American Model of 2004 and 2012, the author analyzes the definition of the Foreign Investment Law (draft) published by the Ministry of Commerce in January 2015. The US side has asked for performance requirements in many areas, but China has not been willing to make performance requirements in the past, but on recent occasions it has signed bilateral agreements with other countries. Multilateral agreements also provide for performance requirements in specific areas. At the same time, the standard of labor and environmental protection has been raised, which is also the general disagreement between the two sides in the process of signing the agreement, and the way to perfect the dispute settlement mechanism between investor and host country. The second is to study the main differences, including foreign access and national treatment. By analyzing the advantages and disadvantages of the national treatment before the admission of foreign capital, and comparing it with the national treatment after the admission, this paper analyzes the influence of the national treatment before and after the admission in the process of our country's economic development. The third part analyzes the national treatment of judicial administration relief, civil rights protection and macro management from the perspective of foreign capital operation and national treatment. Finally, the negative list and national treatment are discussed. First of all, to study the pre-entry national treatment based on negative list, and on this basis to find the balance of interests between the capital importing countries and the exporting countries, and finally to discuss the impact that the conclusion of bilateral investment treaties between China and the United States will have. Analysis of its impact on China's national economy. This paper focuses on the issue of national treatment and negative lists before admission, which is the key issue of bilateral investment agreements between China and the United States, and is also the main difference between the two sides.
【学位授予单位】：北方工业大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.295
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