China and the United States recently made a commitment exchange revised “negative lists” in September and speed up talks on a bilateral investment treaty (BIT). Also, China’s premier, Li Keqiang, recently urged early conclusion of negotiations on a BIT with the European Union. Most member EU states have BITs with China, but many are out of date. BITs facilitate cross-border investment by granting investors from the other country or area national treatment and most-favored nation status, requiring fair and equitable treatment, protecting investments, and providing state-to-state and investor-to-state dispute resolution mechanisms.
A “negative list”, proposed in China’s recent draft “Draft Foreign Investment Law“, allows investment in all areas, except certain sensitive areas included on the list.
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