| In recent years, international investment and its legal regulation has a considerable development. Signing of the TRIMs Agreement is the result of the development of the times, measures to eliminate investment restrictions on the distortion of international trade and investment liberalization and international economic integration requirements, for the development of world trade, in transferring a part of national economic sovereignty in the formation of the world on the basis of binding entities within the scope of investment agreements and compromise product of developing countries to developed countries.Many provisions of the TRIMs Agreement is undoubtedly has a significant effect on investment, but with the development of the future, developing countries in the signing of the agreement of a disadvantage looming. Many developing countries often use direct investment to investment measures, protection reiated industries, and with the implementation of this agreement and phasing of the investment measures, and related industrial policy will no longer exist, regulation of developing countries in this regard is likely to be in the form of recourse to the arbitral tribunal, in the case of measures affecting the automobile industry in Indonesia in the practice of arbitration,Elaborate on the case to the Court of arbitration States how relevant provisions of the specific application of the TRIMs Agreement provides for more specific standards and references, and clarified the Uruguay Round had not clarified issues for the effective application of the TRIMs Agreement laying the Foundation for the theory and practice. The North American free trade agreement is the outcome of the importance of regional economic integration, which investors/national dispute settlement mechanism is the creative contribution of the agreement, had a significant impact on regional and multilateral investment legislation. It broke the traditional principles of international law, allow individuals to become subjects of investment disputes, which offers private investors a greater degree of protection, is so far on investment treaties provide the highest standards of protection of the rights of investors, known as the foreign investors'"Bill of rights".After the entry into force of the agreement, there are more than 10 investors as claimants, as claimants of investment dispute, revealed problems in practice for the analysis of such an innovative end solution provides a clear clue, also for the future to design more reasonable investment rules within the WTO system and further improve the existing dispute settlement mechanisms provided for reference.At the same time in environmental fines as sanctions in the dispute settlement mechanism is unique in its, we all know that investments there is a close relationship with the environment, rapid growth of foreign direct investment have brought challenges to environmental protection and environmental legislation of the host country, originally belonging to a country's environmental policy now only due to the impact of globalization, many contradictions with international investment. NAFTA claims "of the world's Green trade agreement", should be consistent with environmental protection in its trade objectives to achieve, required by implementing trade liberalization programmes of Member States to promote "sustainable development" and "strengthening the formulation and implementation of environmental laws and regulations". Metaldad company of Mexico on the analysis of NAFTA in addressing "investments in environment-related disputes" problems of major significance, we should be explained, for providing reference in China.In economic situation, opportunities in China also faced new challenges. To maximize removing investment barriers, liberalizing trade, regulation of realization of this objective cannot be separated from legal, as a member of the WTO, of the TRIMs Agreement on China's foreign capital legislation has had a significant impact, there is a better promote the development of investment law in China in the globalization of trade, inject new vitality into China's economic development, promote the healthy development of the national economy. But, although foreign legislative has significant progress in China, but which of some provisions also is does not meet today of investment development requirements of, in China of foreign investment legislative in the also has contrary to national treatment of phenomenon, also exists "super national treatment" and "times national treatment", also has about number limit of legislative, foreign to in China for investment which of some policy and program sexual provisions may also does not was outside by known and so on does not satisfactory of local. In China if to keep economic of high speed growth, effective reasonable of using foreign investment, on must to on foreign legislative for adjustment and perfect, will cancel does not conducive to fair competition, and does not meet WTO principles of provisions, combination China conditions implement national treatment principles; enhanced foreign to China investment of confidence, enhanced legal of transparency, for foreign better of understanding in China of investment related of legal policy provides facilitate; change legislative mode, specification legislative system, optimization foreign-funded enterprises structure, boot foreign inputs of direction and area.At the same time, owing to lack of legal set of comprehensive improvement, international investment and environmental protection of the negative impact of conflict on invested States we cannot ignore, China must learn from experience in the regulation on investment while focusing on environmental protection with a view to further improving the investment environment in China, promoting the sustained and healthy development.This article is divided into three parts:Introduction, body, conclusion.Chapter one primarily illustrates TRIMs Agreement text and its impact on international investment and influence on the famous Indonesian automobile industry measures case analysis, to explain the specific application of the terms of the TRIMs Agreement, revealed some of the disadvantages of the agreement. In the second chapter focuses on the North American free trade agreement for the protection of investor interests, specific analyses of the 11th chapter, and Ananias litigation AIDS Mexico case and Metaclad sued Mexico as the main line, on the North American free trade agreement for in-depth analysis and discussion on the protection of investor rights provisions. Chapter III to review the relevant foreign laws and regulations in China, introduced the current situation of Chinese foreign investment legislation, combined with some of today's international situation and the reference TRIMs and NAFTA experiences, give out Chinese foreign investment legislation of some reform proposals.This article provides an analysis on the global regulation on investment TRIMs and culture of the NAFTA, in particular cases, for China's legislation provides for reference, take its essence, perfecting related legislation, to better promote the development of internal and external investment, provide a better investment environment for investors.
|
PDF Full Text Request