《Table 3.Key Contents in China’s BITs with B&R Cuntries》

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《Investment Risks along “Belt and Road” and China's Solution》

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Bilateral investment treaties（BIT）and multilateral investment treaties（MIT）are alternative instruments to protect overseas investments.China has concluded bilateral investment treaties with 55 of the 63 countries along B&R.31Aiming at restraining host countries to conclude nationalization and expropriation，the Nationalization and Expropriation clause was adopted by all of those 55BITs.32Clauses of Fair and Equitable Treatment（FET）and Most Favored Nation（MFN）Treatment，Compensation for Damages and Losses，33and Subrogation were also widely adopted in those 55 BITs.However，only seven countries have adopted a National Treatment clause in their BITs with China.34As for an Investor State Dispute Settlement（ISDS）clause，which is the most important concerning the protection of investors，only 20 countries have adopted a complete ISDS clause which can be applied to any investment dispute arising out of their BITs with China，and the other 35 countries stipulate that the ISDS clause can only be applied to disputes involving the amount of compensation resulting from expropriation.35That means if Chinese investors have disputes in areas other than expropriation，it’s difficult for them to be compensated because the ISDS clause isn’t reliable.Therefore，it is imperative to amend these BITs to enhance the pre-establishment national treatment articles to reduce risk for Chinese overseas investors.