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The Comparison Study Between The Law Of Foreign Direct Investment In China And That In South Korea

Posted on:2003-11-12Degree:DoctorType:Dissertation
Country:ChinaCandidate:X L LiangFull Text:PDF
GTID:1116360065462117Subject:International Economic Law
Abstract/Summary:PDF Full Text Request
This thesis is consisted of six chapters, which are (I) The introduction to Foreign Investment Laws, (II) Approval system of foreign investment entering, (III) Legal status of foreign investment subject, (IV) Administration system for foreign investment, (V) Incentives, restriction and protection policies for foreign investment, (VI) The influence of WTO Agreement over Foreign Investment Law in China and South Korea. The first to the fifth Chapter is focused on the essentials of Foreign Investment Laws and regulations of China and those of South Korea, and carefully analyze and compare the similarities and differences between China Foreign Investment Laws and that of South Korea. Based on the above-mentioned five chapters, the sixth chapter further discusses the influence of WTO Agreement over Foreign Investment Laws in China and South Korea, and tries to find a rout to rebuild foreign direct investment legislation in accordance with the conditions and development stage of China.The first chapter, the introduction to Foreign Investment Laws, discusses the basic theories relating to foreign invest law. These includes (1) The concept of foreign investment, types of foreign investment, brief discussion on the sources of foreign investment and its latest trend, (2) Introduction to the environment of foreign investment and foreign investment legislation, with the first part briefly discusses the investment policy and the present legislation of Foreign Investment Laws of the two countries.Because the investment stages is consisted of the stage before the investment enters the host country and that after the investment enters, a lot of foreign direct investment laws and regulations were legislated to control the operation of capital according to the two stages, to make these laws and regulations play an active role in the host countries' economy. Thus the second to the fifth chapters discuss the main problems of foreign direct investment laws with comparison between the foreign direct investment laws in China and that in South Korea.Since the 1980's, greet changes on international investment have taken placed, so Foreign Investment Laws have been amended in most countries, and especially in most developing countries the Foreign Investment Laws have amended a lot. The author tries to generalize the features of the Foreign Investment Laws in China and South Korea, and to introduce the latest trend of the types of international investment through the comparison between Foreign Investment Laws in China and that in South Korea.The second chapter, the approval system for foreign investment entering, discusses (1) The legislation control system on foreign investment, includingentering liberalization of foreign investment and the scope of foreign investment approval, (2) Approval system on foreign investment, including the purpose of Approval System and legislation principle, approval authorities and their approval scopes, approval documents and related issues, and approval system in South Korea. Then this thesis analyzes the entering type of foreign investment, such as the legal status and organizational structures of foreign owned enterprises, investment corporations, international mergers, BOT arrangement and foreign investment types in South Korea.The third chapter discusses the legal status and treatment standards of foreign investment subject. The subject qualification of foreign investment includes the scope of foreign investment and rights and obligation of foreign investors. International investment treatment issues are the most important legal problems in the investment sphere. Among the international investment treatment issues, the equality and fairness treatment, National Treatment and Most-Favored-Nation treatment are especially important. Basing on the principle and practice of legal status of foreign subject in international investment laws the chapter try to systematically and deeply study the investment treatment issue from Foreign Investment Laws in China, and in South Korea, with compariso...
Keywords/Search Tags:International Investment Liberalization, Foreign Direct Investment Law of China and South Korea, National Treatment, Foreign Investment Entering and Approval, WTO, Incentives and Protection over Foreign Investment
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