The International Legal System Of FDI Of Trans-national Corporation--A Study Of Some Important Issues

This thesis is addressed primarily to the recent development in international legal system of Trans-national Corporation (FDI). It is also intended to provide an independent, non-official view, which might be of help to those researchers majoring in international investment law. Finally, it aims at explaining the model BITs and some important multilateral investment treaties' provisions within the historical, political, economic and legal contexts, these analyses might be helpful to understand those BITs and multilateral investment treaties' role in the ongoing evolution of international and national Trans-national Corporation. This thesis consists of five chapters and is organized as follows:Chapter I is an introduction to the development of bilateral and multilateral investment legal system, surveys the liberalization characteristics of the model BITs and some regional and sect oral multilateral treaties such as NAFTA and WTO.Chapter II concentrates on the issue of foreign investment access. Although the access issue is a sensitive issue, some recent BITs and multilateral investment treaties ask for the liberalization of investment access.Chapter III summarizes the most relevant antecedents in international law on Trans-national Corporation of operation coordinates. We should pay more attention to those matters.Chapter IV focuses on the traditional investment protection issues, analyses the general provisions contained in bilateral and multilateral investment treaties about the premises of expropriation of nationalization of foreign corporation.Chapter V analyses and comment the development of the mechanism in bilateral and multilateral treaties. Recent bilateral and multilateral treaties trend to encourage the host countries to accept the settlement of disputes between them and foreign private investors through international arbitration.The development of international legal system in the future shall focus on the building of an effective legal mechanism which can not only improve the liberalization of international investment but also respect the permanent sovereignty over national resources and the basic economic rights of every country, this mechanism should not only be helpful for the protection of foreign direct investment and the improvement of treatment standards of foreign investors, but also should be helpful for the control of negative influence of trans-national corporations by the host states and the establishment of a new international economic order.