A Second Study of the Impact of the 2012 U. S. Model BIT on the BIT Negotiations between China and the U. S.

With the release of the 2012 U. S. Model BIT and the commitment made by China to the United States concerning pre-establishment national treatment and the negative list management approach,the BIT negotiations between China and the U. S. have achieved significant progress and the two countries are now discussing the substantive text. This article studies the 2012 U. S. Model BIT and its new changes,and discusses issues in the 2012 Model BIT which may have significant divergences from China's domestic policy. Based on China's domestic situation,it also analyses what kind of provisions are acceptable for the BIT between China and U. S. and the difficulties that China faces. At last,it offers suggestions on how China should respond to the demands of the U. S. on these issues.