A Comparative Study Of Foreign Investment Security Review System And Its Reference To My Country

Foreign Investment Security Review has developed based on the global economic integration.With the still-stumbling economy of the international community,the uncertainties that influence the economic stability increase gradually,the Foreign Investment Security Review has been adopted by more and more countries,becoming the important institutional tools to safeguard the national interests.According to the<World Investment Report>of the UNCTAD,the global economic recovery has been difficult in recent years,the inflow and outflow of the international investment continue to decrease.This phenomenon is influenced by the financial crisis on one hand,and influenced by the foreign investment policy,especially the national security review on the other hand,these factors result in decrease of the investment expectation and stability and then hinder the liberalization of international capital flows.On the basis of the G20 annual report on 4^th July 2018,more and more countries begin to focus on the national security of international investment and it's covering domain extend from critical infrastructure to high-tech,intellectual property etc.Therefore,on the background of the decline of multilateral trade system and the rise of the protectionism,the foreign investment national security review is likely to jump out of the international law frame,becoming the investment barriers and threaten the liberalization of global capital flows.The foreign investment security review research and comparative analysis can not only understood deeper how the countries balance the relationship between national security and utilization of foreign investment,but also can offer new ideas about upgrade this system.In this respect,the paper hope to study the priority countries that had established foreign investment security review system,tease the evolution of the national security concept and elaborate the foreign policy process,compare from the perspective of subject,legal system,object,procedure,offering references on upgrading China's foreign investment security review system.This paper can divide into seven parts,discuss based on the principal of“theoretical basis and national research”in turn.The first part elaborate the theoretical basis---national security theory,national sovereignty theory and international law theory.The national security theory is the basis of foreign investment security review,with the progress of science and technology,the cognition to the national security changing all the time,make the economic security become more and more important,the foreign investment security review of the vast majority of countries produced and developed on that.The sovereignty theory is the foundation of foreign investment security review,after the signature of<Peace Treaty of Westphalia>,the principal of sovereign equality has becoming the social consensus.The aim of foreign investment security review is to safeguard the national sovereignty and integrity,prevent the foreign forces from pervasive by means of capital.The international law theory is a new theory pattern,it's core values is that the international community should abide by the“good law”and“good governance”.How to protect and promote international investment while maintain the national security is the theme that needs to be studied all the time.The second part elaborate the content,extension and development process of the national security review.Make the general survey of the status quo of this system,although we can clarify it's content and extension,but it's core scope still determined by states themselves.For this,most countries adopt“fuzzy strategy”to maintain it's best interests.But we can't deny that“national security”,“foreign investment”and“foreign investor”is the important concept that can influence the development direction of this system.Meanwhile,because it's economic attribute,it's extension closely linked to the stage of economic development and industrial policy.Most countries that introduced this system on the economic take-off stage,experience the fragmentation and systematic development stage.With more and more countries establish the national security review system,it is like to bring into international economic agreement in the future,reconcile and promote the relationship between international investment and national security by means of“good governance”.From the third part to sixth part is the national analysis.The third part mainly elaborate the foreign investment security review in America.Contract to the developed North America,the countries in south America has not established this system yet,or say it's still in the pipeline,so this paper only analyze the United States and Canada.The national security review system in United States stem from the first world war and has deeply historical accumulation.Relative to another countries,there is a complete system and operational mechanism in the United States,but with the adjustment of the threshold of review,adding a lot of uncertainties for the foreign investors,politic is becoming more and more prominent.Contrary to the United States,the foreign investment security review in Canada appears later,and this country establish the system because of it's excessive proportion of foreign capital.The system in Canada can be divided into“net-benefit review”and“national security review”,this pattern can cover different kinds of investments and it's review standard can balance the actual benefit to Canada better.The forth part elaborate the foreign investment system of countries in Europe Union.What's special of it is“parallel system”,which has<Proposal for a regulation of European Parliament and of the council establishing a framework for screening of foreign direct investment into the Europe Union>and national security review system at the same time.At present,there has been more than half of member states has established the foreign investment security review in Europe Union.Because of space,this paper only analyze the system in Germany,France,British and Russia in depth.It's worth mentioning that,England is negotiating the issues of departure,so it still can be seen the member states in Europe Union.Although Russia straddles the Eurasia continent,but it's main cities located in Europe,so it's also considered European country.The fifth Part elaborate the foreign investment security review in Asia.In Asian countries,there exist national security review in Japan,China and India.Compared with Japan,the history of this system are shorter in China and India and developing based on the“opening up”,there still have a lot room for improvement.Meanwhile,the system in Japan is more mature,but Japan see the system as an reprisal in some extent,this phenomenon will probably lead to the harmful effects.The sixth part elaborate the foreign investment security review system in Australia.As a member states in British Commonwealth,the economic development is table in Australia,but similar to Canada,the economic development model of Australia is relies on the land and mineral resources for a long time,so the excessive high proportion of foreign investment make Australia's vigilance increase continually.On the background of the rapid economic development in Asia-Pacific region,Australia which is the geopolitical bias towards to Asia is beginning to establish the foreign investment security review.The development stage in Australia can divide into the“standard creation stage”and“system revision stage”and has formed the review structure as the main body,screening the foreign investment which is above certain standard and sensitive field.The seventh part conduct a longitudinal comparison of the foreign investment security review in different countries from the perspective of review subject,review content and review procedure,hoping to show the advantage and disadvantage clearly,finding the weakness in our country and upgrade the system.