Abstract
The Bilateral Investment Treaty is the most important legal origin of international investment legislation, and it is respectively used in many countries as a contracting form in recent years. Investment treatment is the key figure in the Bilateral Investment Treaty, of which national treatment is considered as a necessary part. In ordinary circumstances, national treatment means that one party should give the other the same investment treatment in investment realm. Whatever the Bilateral Investment Treaty present great complexity, the major content is all about the investment treatment. This article is intended to try a method of induction to research the changes which has happened about the national investment in China's lately contracted treaties.
This article begins with the conclusion of national treatment in the Bilateral Investment Treaty, and then the two periods, the post-establishment national treatment and the pre-establishment national treatment in international treatment are followed to be analysed. On the basis, the writer systematic conducts the practices about national treatment of the recent international investment treaties. And the purpose about all of this is to show a historical background for the study. The key point in this article is the analysis of national treatment between the past and the present in Bilateral Investment Treaties in China. In a word, the writer tries to summarize the development tendency of national treatment in the future Bilateral Investment Treaties in China and wants to give some personal suggestions.
Key word: National Treatment,Bilateral Investment Treaty,Post-Establishment National Treatment,Pre-Establishment National Treatment