The Study on the Negative List Comparison between the Two Sides of the U.S. BITs

Lu Jianming, Yang Yujiao, Liang Siyan

Foreign Economics & Management Vol. 38, Issue 02, pp. 88 - 100,112 (2016)  DOI:10.16538/j.cnki.fem.2016.02.007

Abstract

Based on the 47 U.S. BITs,and according to the six investment restriction domains in the U.S. negative lists,the items in the negative lists of the U.S. BIT counter-parties could be sorted into four categories:items are exactly the same as the U.S. items;items are different from but have the same implications with the U.S. items;items have different implication but within the domain of the U.S. negative lists;items exceed the domain of the U.S. negative lists. This paper gives a comprehensive study on the sector and country distribution characteristics of the four types of items in the negative lists of the U.S. BIT counter-parties,and then analyzes the negotiation difficulty in listing different industries in negative lists by China in China-U.S. BIT negotiations. It has reference significance for China to select proper strategy in the China-U.S. BIT negotiations.

Keywords

bilateral investment treaty; negative list; non-conforming measure; China-U.S. BIT negotiation