国际投资法中的“相同情形”法律问题分析word格式论文.docxVIP

优秀毕业论文 2 2 精品参考文献资料 Abstract National Treatment Clauses for investment are frequently provided in International Investment Treaties newly signed, and the conditions of application for these standards are always the expression like “in similar situations” or “in like circumstances”. As for International Trade Law, National Treatment can be given when the condition of “like products” is met under the system of WTO. Practically, the concept of “similar situations” or “like circumstances” is construed with the consideration of jurisprudence of GATT/WTO for explanation of “like products” in some cases of International Arbitration, especially those under NAFTA. It seems that the explanation of “similar situation” in International Investment Law and that of “like product” in International Trade Law are comparative. However, this approach has been denied in some cases of international investment disputes recently. So it is necessary to make objective remarks on this issue in International Arbitration while taking the differences of the system of International Trade Law and the system International Investment Law into account. With the methods of materials analysis, cases study and comparison, the paper focuses on study on the applications of National Treatment in international trade and international investment. In these two areas, the respective circumstances when National Treatment is given have common and different characteristics. After examining the international investment arbitration cases which have used or refused to use the jurisprudence of WTO Law for reference, and theoretical analysis the rationality and rightness of those sort of approaches, the thesis puts up with the positions that China should hold in native legislation on foreign investment treatment, the signing of Bilateral Investment Treaties and international investment disputes for suggestion. The treatise can be mainly divided into four parts: The Chapter One firstly introduces the National Tre