The Research On Investment Rules Of The North American Free Trade Area

The dissertation analyzed the main contents of investment rules of the North American Free Trade Area, using economic law, international investment law, international investment theory with comparative methods gave the suggestion on structuring China— ASEAN Free Trade Area(CAFTA) investment rules. The dissertation included five parts.The part of the foreword has recommended current situations, characteristics of Regional Trade Agreements (RTAs). It is one kind of international economic treaties, belongs to the special international law category. Have analyzed and researched value of investment rules of NAFTA: Have very strong reference value in structuring the investment rule of CAFTA.Chapter one analyzed the scope of investment rules of the North American Free Trade Agreement (NAFTA). The subjects of NAFTA are very wide including the transnational investors, enterprises, contracting parties or its state-owned enterprises. The objects included direct investment and some indirect investment (the securities of the assets exceeding debts, the firm securities of three years above……) . In order to prevent the benefits of investment rules favorable to other countries, the investment rules of NAFTA strictly distinguished the transnational investment in NAFTA.Chapter two discussed the investment treatment and investment entry, the investment rules of NAFTA constructed the high standard systems of investment rules which main content are national treatment, most-favored-nation treatment and minimum treatment standard. In the investment rules of NAFTA, comprehensive limits on implement performance requirements are made. Certainly, it also listed some exceptions on account of the different investment strength among the contracting members. The author discussed the types of investment treatment, the concepts and features of differential treatment and its relationship with equal treatment. In addition, NAFTA investment rules maintain it reaches investment entry stage to applicable to national treatment and most-favored-nation treatment. This kind form from up to down means that promise includes all kinds of economic section unless there is negative list of investment entry. Thus limited the foreign capitals jurisdiction of member states greatly.Chapter three mainly analyzed the regular procedure law part of NAFTA. Though the investment rules of NAFTA recommends the peaceful resolution investment dispute way to consult and mediate, but has made exhaustive regulation in solving investment dispute by way of arbitration. In the foundation of general theory , kinds and characteristic of international investment dispute resolutions,the author especially analyzed the arbitration way of NAFTA. The investors can start the arbitration procedure on behavior of violating clause of any chapter 11 (A), this is another new try to solve the dispute of investment in justice respect . In addition, the author has made simple comparative analysis in correspond with the investment rules of ASEAN. Through analysis of the three chapters from the above, it points out the direction of constructing investment rules of CAFTA .Chapter four analyzed three paths of constructing the investment rules of CAFTA. It is suitable for CAFTA to implant the investment rules of ASEAN and refer to investment rules of other regional economic organizations such as NAFTA, EU. The subjects of CAFTA should include individuals, which object should include the direct investment of service sectors. The investors and invest in the section should be granted national treatment and the most-favored-nation treatment. However, the national treatment should be limited in the direct transnational investment which is allowed. Besides, CAFTA should construct series of judicial disputing settlement rules. Finally, the paper discussed the current situation and the problems of Chinese foreign investment enterprise law, gave the detailed suggestions on defaults of Chinese foreign investment enterprise law. The dissertation argued that in the background of capital gl...