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Research On The Influence Of TRIMs On Approval Of Foreign Investment In China And Relative Countermeasures

Posted on:2002-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:X GeFull Text:PDF
GTID:2156360062480137Subject:International Law
Abstract/Summary:PDF Full Text Request
Trade and investment are the two main themes affecting the development of world's economy. Since the recent decades, global trade and investment volume present the trend of keeping increasing. As a response to the rise if international investment, with the international community having made a long-term probe and efforts of founding an international direct investment regulations, WTO finally passed officially an Agreement on Trade Related to Investment Measures (briefly called Agreement on TRIMs). On the base of abstracting research made by both international and domestic investment law scholar, analysis of Agreement on TRIMs, comparing the rules and regulations of the examination and approval of admitting foreign investment and that of performing in our country, this article reveal the necessity of china's preserving the examination and approval of admitting foreign investment and the differences between the content of the Agreement on TRIMs and china's examination and approval of admitting foreign investment. Therefore, the author put out her own idea on how to solve the existing problems in china.Part One is a general analysis and explanation about the Agreement on TRIMs .By reviewing the foundation background, it is known that Agreement on TRIMs is a compromised product by many forces in the field of international investment law. Thus, although it's very brief, its room for explanation is relatively very large. Understanding and carrying out its content depending on the Agreement of WTO which leads to Agreement on TRIMs has the same expansive effect as GATT and WTO. Agreement on TRIMs is incomparable with any other international investment legislation. Part Two is about the influence of Agreement on TRIMs and the legislation of othercountries on China's examination and approval of admitting foreign investment. In spite of needing a large quantity of introducing foreign investment, Most developing countries still have to choose to utilize foreign capital and guide its investing trend through such measures as engagement, limitation and forbidding to protect and develop their national industries. Though the Agreement on TRIMs itself has not made very detailed provisions on the system of examination and approval of admitting foreign investment, the rules about national treatment, most-favored nation treatment, non-discrimination and so on have been largely adopted into investment field, which have provided significant influence on how to make, adjust their foreign investment law. Depending on the analysis of last two parts, Part Three gives an objective appraising on the adjustment of China's examination and approval of admitting foreign investment .For china is to enter WTO, Agreement on TRIMs will come into effect in China, to adjust to it .this thesis give some advice on setting up an uniform investment law to regulate China's examination and approval system of utilizing foreign investment better.
Keywords/Search Tags:WTO, TRIMs, EAAFI (examination and approval of admitting foreign investment)
PDF Full Text Request
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