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International Investment Regulation A Number Of Legal Issues,

Posted on:2006-12-24Degree:DoctorType:Dissertation
Country:ChinaCandidate:Q WeiFull Text:PDF
GTID:1116360152485206Subject:International Law
Abstract/Summary:PDF Full Text Request
The development of investment liberalization has promoted the swift and violent growth of international investment, posing an enormous impact on international investment regulation too. Especially since 1990s, the regulation on international investment has accelerated the process towards the trend of gradual progress towards liberalization. Meanwhile, a lot of questions have appeared in practices of various countries in investment rules of liberalization. North America Free Trade Area witnessed a number of cases of arbitration, which utilized high-standard investment protection and investment liberalization rules to initiate the challenge one after another to the national administration behaviour of every contracting party and therefore has brought enormous influence to every contracting party of NAFTA. Meanwhile, the negotiation of "Singapore issues"inside the WTO Doha round was launched, As a great deal of difference exists in various countries on international investment regulation of liberalization, negotiation on topics of multilateral investment agreement is laid aside, thus diming the post-Doha era development in terms of international investment regulation. Presently, In the foreign investment laws of China, rules on the access of foreign investment, investment treatment, investment protection and dispute settlement, etc. is considerably far from being liberal in investment regulation. Therefore, it is the task of top priority of our country to establish the corresponding countermeasures to strengthen the research on these issues. The dissertation, by discussing as the masterstroke the international investment regulation under the background of investment liberalization, chooses to research several legal issues of international investment regulation. The dissertation adopts such methods as comparative analysis, case analysis and economic analysis, etc., based on development research of the international investment regulation, and launches analysis from three aespects of promotion to international investment regulation by WTO, substantial laws on international investment regulation, and investment dispute settlement, looks forward to the prospect of international investment regulation, and finally puts forward the countermeasures. The dissertation is divided into six chapters, and the main content is as follows: Chapter one studies the development of the international investment regulation. Section one analyses the development characteristic of international investment under the economic globalization. Section two launches analysis from the development of investment regulation under a bilateral system, explains the dynamic development of the early bilateral investment and the American model bilateral investment treaty, and finally probes into the change of the policies of developing countries in the bilateral investment treaties. Section three analyses the promotion to the investment regulation by the regional legislation. NAFTA chapter 11 is especially analyzed in its cause of formation and investment rules, with comments. Afterwards, Section threee compares and comments on investment code and convention draft made by other international organizations and non-governmental organizations. Section four focuses on the efforts of investment from multilateral aspects. It firstly illustrates the efforts in the multilateral investment regulation by the United Nations, revealing the influence to the multilateral investment regulation by the efforts of the United Nations. Afterwards it analyzes the latest attempt by OECD to draft multilateral agreement on investment from the perspective of the background and content of such attempted draft. The reasons for the final failure and its aftermath are contemplated. Chapter two studies the further enhancement of the international investment regulation by WTO. Section one analyzes the impact on the international investment regulation by main agreements related to investment and the latest development in the round of Doha. Section two focuses on the research to the multilateral investment agreement topic under WTO frame. The method of comparison is first adopted to study WTO main members'different positions on starting the multilateral investment negotiation and the concrete topics covered. Then the reason of the failure to lauch such negotiation is compundly analyzed with bold prediction on future prospect. Section three mainly researches the influence on the mode of future multilateral investment regulation by the failure of Doha round. Chapter three mainly studies several substantial issues of the currentinternational investment regulation. Section one mainly studies the definition of investment, reveals the trend toward broad definition and clarifies the definition by China and other developing countries. Section two explains the issue of investment admission liberalization. By analyzing the impact on investment admission by investment liberalization, it points out the influence on the expansion of investment scope by applying admission stage to national treatment. It further analyzes the influence on investment admission liberalization by the investment policies adopted after " 911 " in the United States. Finally, the investment admission liberalization is commented. Section three focuses on the conspicuous issues about the treatment of investment in the present practice. NAFTA arbitration cases analysis is mainly adopted. Firstly, the issue of how to measure the violation of national treatment in the field of investment is analyzed. The relevant evaluation standard established in the NAFTA investment arbitration is then analyzed with suggestions for improvement. Then, from the perspective of " fair and equitable treatment ", corresponding countermeasures are put forward regarding issues existing in adopting "fair and equitable treatment"in NAFTA investment arbitration. Section four mainly analyzes the international investment protection. Through case analysis, it analyzes the indirect expropriation in NAFTA, and puts forward corresponding countermeasures against indirect expropriation.. Section five studies the international investment regulation and environment. Having expounded the inner link between investment and environment, it then uses the method of comparison to analyze the environmental rules in investment agreements. Finally, it points out the issues to be concerned in the future environmental rules under the investment regulation. Section six studies the international investment regulation and labourers'rights. Through comparative studying, it points out the issues in the multilateral agreement on investment in OECD on the regulation of Labourers's rights, and then probes into the feasibility of solving labourers'issues with relevant suggestions. Chapter four studies the issue of dispute-settlement procedure in the international investment regulation. Section one sums up the dispute settlement mechanism of international investment. Section two carries out comparative analysis of ICSIDregime and WTO dispute-settlement procedure, with comments. Section three uses the method of comparison to analyze that MIGA dispute-settlement mechanism and ICSID regime. Section four firstly analyses NAFTA investment dispute-settlement procedure and its innovation, and then further evaluates the influence arising from NAFTA investment dispute-settlement procedure. Chapter five focuses on the prospect of international investment regulation. Section one adopts the method of economic analysis to study the function of bilateral investment treaties , and reveals from this the prospect of the bilateral investment treaties. Section two carries out the macroscopic analysis on the regional investment regulation. It firstly studies the issues that the regional investment regulation produces under the globalization background, then it analyzes the prospect of the regional investment regulation. Section three analyzes the prospect of multilateral system. Such analysis is carried out from the perspectives of the necessity of multilateral investment regulation, right forum of such negotiation, the principles followed and negotiation timing, etc. Chapter six mainly focuses on the position and countermeasures of China on the international investment regulation in the post-Doha era. Section one studies the necessity of adjusting strategic position of international investment regulation by China of post-Doha era. Section two analyzes the China countermeasure of international investment regulation in the post-Doha era. After offering the countermeasures of China under the macroscopic visual perspective, it further puts forward the micro countermeasures China should adopt targeted at NAFTA investment rules and China -ASEAN Free Trade Area investment agreement negotiation. The main content includes: investment definition, investment liberalization, investment admission and national treatment , performance requirement, indirect expropriation and "fair and equitable treatment", investment dispute settlement procedure, etc.
Keywords/Search Tags:International Investment Regulation, Investment Liberalization, Investment Protection, Investment Treatment, Dispute Settlement
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