Conflict And Coordination Across International Investment Laws

This article explores various differences and conflicts across international investment laws and discusses how to make coordination through conflict of laws and uniform substantive laws. While investment laws are scattered in many branch laws, the author, after comparing domestic unilateral, international bilateral, regional, and multilateral coordination, analyses the conflict and coordination from the angles of corporation law, competition law, and intellectual property law.Part I of this article briefly analyses the international investment legal system and its coordination. The coordination is featured with complexity and multilevel. The investment laws are integrated with other legal branches and need comprehensive and all-round way coordination. And the coordination of modern international investment legal system should be made in levels of domestic, bilateral, regional, and global legal systems. Part II expounds, in jurisprudence perspective, evolving of "the seat of law" and the change of state sovereign principle, and compares the Economic Nationalism, Economic Liberalism, and Marxism Economics for their differences in political economy. The differences among each doctrines and their development forge the theoretical basis of the conflict across international investment laws. Part III probes into the emergence of conflict across corporation laws, which is closely related with international investment, the causes, and principles to be followed and methods to be adopted for coordination. Part IV discusses the emergence of conflict across competition laws, the causes, and principles to be followed and methods to be adopted for coordination. Regional approach of EU laws in regulating conflict across international competition laws is emphasized. Utilizing WTO mechanism is also of great necessity. Part V demonstrates in detail the issue of coordination of intellectual property law conflict and makes an analysis on the various approaches of conflict laws and substantial laws in country, regional, multilateral/global levels. Part VI concludes the trends of coordination on conflict across modern international investment laws. The substantial law approaches should be enhanced. While the trend of building a global uniform substantial law is quite obvious, the rather long process of it should also be recognized. And special attention should be given to the balance of interest between North and South in this progressively advanced process.