英文摘要 |
The Sino-EU BIT is another important BIT negotiation in progress besides the Sino-U. S. BIT advanced by China, and may have a significant impact on the development of China-led bilateral and regional investment rules. Although the Sino-EU BIT is negotiated on the basis of pre-establishment national treatment and “negative list” similar to that of the Sino-U. S. BIT, the “negative list” of the Sino-EU BIT shall be more complicated than that of the Sino-U. S. BIT due to the EU’s intention to adopt market access into the BIT and the particular two-tier legal system under the EU’s framework. Since China and the EU have not adopted the “negative list” mode in the BIT yet, the studies on crucial demands of the EU in the TTIP’s negotiations as well as on the relevant provisions of the EU-Korea FTA of 2010 and the EU-Canada FTA of 2014 shall be beneficial for us to prepare for the “negative list” negotiations under the Sino-EU BIT. Furthermore, the “negative list” of the Sino-EU BIT might have some impacts on the development of a new generation of international investment rules. |