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On Trade-related Investment Measures Agreement Legal System

Posted on:2004-01-27Degree:DoctorType:Dissertation
Country:ChinaCandidate:L M YangFull Text:PDF
GTID:1116360122470035Subject:International Economic Law
Abstract/Summary:PDF Full Text Request
《The agreement on trade-related investment measures》 (hereinafter as 《TRIMs》 ) under WTO is not only the only global and substantial multi-lateral agreement in international investment scope, but also the simplest one of the three new agreements in service trade, international investment and intellectual property rights. Therefore, people is ambiguous about the background of formation, the understanding and application of contents,and the developing trends of TRIMs. Furthermore, in china and abroad, the author has not known any people have specially researched TRIMs, except some books on WTO simply introduces TRIMs itself. When the WTO research center in the university of international business and economics is established, longyongtu, the negotiator of china's WTO accession once sighed with emotion: as research power is not strong, our front negotiators always feel a little inferior. In fact, people feel feeble are far more than longyongtu, industrial administrative departments, local administrative senior officers and the enterprise general managers are in the embarrassed situation of strong sense but weak ideal. The reason is very simple, namely we know little and research little about international society and WTO. What is more, few people can concretely research and accurately master that. Therefore, it is very important that people research TRIMs properly and concretely.Based on the above knowledge, although the author himself is clear that he has limited knowledge, energy and reference materials, he is still determined to go on profound and concrete research on TRIMs which only has nine clauses and to write a dissertation for doctoral which is of 220000 words or so. Therefore, although it is very arduous and difficult to write it, the author still tries to research TRIMs.On research scope, the essay mainly sets forth the background offormation, mechanism of formation, structure, norms, values, functions of TRIMs and TRIMs' effect on our country's foreign investment law. On research ways, the author makes seeking truth from facts as his guidelines, theory connecting reality as principles, goes by the research routine of suitability and transplant, insists on research way of hypothesis, economics research way and social research way. On research materials, the author refers to the research results of America, France and China on TRIMs and international investment. On research objection, by researching the background of formation, mechanism of formation, structure, norms, values, functions of TRIMs and TRIMs' effect on our country's foreign investment law, the author hopes that people correctly recognize the important values of TRIMs, correctly use it to deal with international investment relationship and to promote the international investment so that it promotes respective nation's economic and sociology development, and hopes that china keeps promise of WTO accession, obeys the WTO rules and TRIMs rules, and modifies and perfects the foreign investment laws according to TRIMs regulations, so that makes the investment environment perfect, especially the investment soft environment and investment legality environment, strengthens the capacity of absorbing foreign investment, and promotes our country's economic and social development sustainably, fast, healthily and overally.The dissertation is of about 220000 words including preface and comments, and is of seven parts.Chapter one, the analysis of background of formation of TRIMs. This chapter mainly probes into the economic background and law background of TRIMs and makes a results of the necessity of TRIMs.Chapter two, the analysis of the mechanism of formation of TRIMs. This chapter mainly studies the issues of negotiation and argument during the TRIMs formation process and review the present results.Chapter three, the analysis of structure of TRIMs. It mainly analyses the interior and exterior structure of TRIMs, so that puts forth the status of TRIMs in WTO.Chapter four, the analysis of norms of TRI...
Keywords/Search Tags:Trade-related
PDF Full Text Request
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