TRIMs Under WTO & Chinese Foreign Investment Legislation

With the development of economic globalization,Problems of investment are not related to trade.As investment issues were not mentioned in GATT in 1947,trade related measures were finally included in the Uruguay Round negotiations, due to the relationship between trade and investment.At the end, Agreement on Trade Related Measures (TRIMs) was signed and imposed by members of the WTO. Following its entry into the WTO on Dec, llth, 2001, China has to formulate its foreign investment Policies in accordance with TRIMs and do away with laws that are not in line with the principle of national treatment. However, there exist some questions about the TRIMs under WTO:what's the relationship between rules of the WTOand international investment laws,TRIMs and Chinese foreign investment legislation? How should China consummate its legislation? This article focuses on such questions and accordingly the author's views are clarified in the following parts of the article.I. WTO TRIMs' Impact on International Investment Laws. Centering round the basic legislative problems of internationalinvestment in WTO agreements,this part analyses relationship between trade and foreign investment,WTO agreements and international investment laws.II. The Theoretical Base of Foreign Investment Legislative Reforms.Being based on the background information of TRIMsAgreement, the second part compares TRIMs with North American Free Trade Agreement. Thus the theoretical base of foreign investment legislative reforms is revealed.III.Foreign Investment Legislation in ChinaIn this part,the conflicts between TRIMs and former Chinese foreign investment laws are studied by analysing the characteristics of TRIMs Agreement.Thereby the existing problems are posed and the revision of its Legislation due to the requirement of the TRIMs is introduced.IV.Progress in the Chinese Foreign Investment LegislationIn the fourth part,the author first analyses the status and defect of the Chinese Legislation on forgign investment,then the author gives his views on the trends of the legislative reforms and the direction of its improvement.