当前,要想调整国际投资之间的关系,其最重要的国际法手段就是进行双边投资协定,同时,这也是国家双边关系的重要表现形式。国家进行双边投资协定不仅关系到国家的商业利益、国家获准进入市场的权利以及国家在国际经济的格局中所处位置,而且还关系到国家的安全利益。中国和美国作为世界上最主要的投资输入国和输出国,促成双边投资协定谈判启动的关键就是他们投资和引资的需求,以及政策的壁垒。此外,中美双边投资协定谈判的主要内容涉及国民待遇、资本的自由转移、征收与补偿以及国际争端解决等各种问题,通过协定谈判之后,虽然在一定程度上推进了双边投资的自由化以及便利化,但同时也带了一些风险,可以通过一系列的措施来解决。另外,通过对中美双边投资协定进行一定的分析之后,能够发现这不仅能够促进双边的投资增长,还能够有效的促进未来国际投资规则的进一步发展。 Currently, in order to adjust the relationship between international investments, its most important means of international law is to carry out bilateral investment agreements. At the same time, this is also an important manifestation of bilateral relations between countries. The bilateral investment agreement between the two countries concerns not only the commercial interests of the country, the state’s right to enter the market, and the country’s position in the international economic pattern, but also the security interests of the country. As the most important investment and exporting country in the world, China and the United States are the key to initiating negotiations on the Bilateral Investment Treaties because of their investment and capital attraction needs as well as policy barriers. In addition, the main contents of Sino-U.S. BIT negotiations involve various issues such as national treatment, free transfer of capital, expropriation and compensation, and international dispute settlement. After the negotiation of the agreement, though it has promoted the liberalization of bilateral investment to a certain extent and Facilitation, but with some risks at the same time, can be solved through a series of measures. In addition, some analysis of bilateral investment agreements between China and the United States shows that this will not only promote bilateral investment growth, but also effectively promote the further development of future international investment rules.