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The Study On The Law Course Concerning The International Investment Barriers

Posted on:2004-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:X Z SunFull Text:PDF
GTID:2166360155964826Subject:International Law
Abstract/Summary:PDF Full Text Request
After the Second World War, especially during 1970s, there was a great change in the international politics and economy: rapid development in science and technology, in multinational corporations and developing countries. The international peace and safety are somewhat guaranteed so the international cooperation is developing at a remarkable speed and to a large scale. Under this situation, international direct investments begin to grow and then become a main method. At the same time, the features of the investments begin to change: from the ways of robbing the overseas resource and the colonies to the ways of competitions among developed countries worldwide, making the flow of technology, trade and finance to a great extent and helping developing countries get more technology and capitals.International investment is the most important type of the economic cooperation. To the country to absorb the capital, it can solve the problem of capital shortage , introduce advanced technology and managerial experiences , enlarge the export, improve the state of international balance of payment, speed up the infrastructure and natural resource development and therefore increase the employment. The countries which invest are in the position to break into overseas markets, insuring the supply of the materials and the foreign and cheap labors to increase the countries' tax income, job opportunities, competitive ability in the world market and improve the relations among investing and the recipient countries. So with the international direct investment, a large amount of capital and technology will be spread in the world, which can promote the economy of certain countries and the internationalization ofproduction and capital. These are important to the international divisionand cooperation. In December 11, 2001,China became the member of the World Trade Organization, which means that China will regulate its economic and trade behaviors according to the WTO rules and Chinese Laws. Because of this, enterprises will have a wide space to have fair competitions.However, the WTO is not a free trade organization, though it does its utmost to promote free trade. In fact, the WTO allows the existence of certain trade barriers, while requiring its members to give up the unnecessary trade barriers, open their markets and provide the convenience for the free flow of trade and service worldwide. Therefore, to China, a member of the WTO and one of the largest trading country in the world, it is definitely necessary to investigate and study the trade and investment barriers of its trade partners. This will be of great help for the Chinese enterprises to break the trade barriers and to enforce the international exchange. What is more, Chinese enterprises can learn from others and to find the right ways to protect themselves. And the study of the others' trade barriers will also make us aware of our methods to have negotiations in reducing trade barriers.Therefore, it is a key issue to have a full understanding of the present situation in investment barriers of different countries and the understanding of the regulations of the WTO in investment affairs. This is the main purpose of the dissertation.The first chapter is the general description of the investment barriers: its background, the reasons and the forms and then the analysis of the barriers by different countries. On this basis, the trend and the influence of the investment barriers are put forward and the importance to know all of these come after it. In the second chapter, the author comments on the WTO regulations on international investment and the agreementsconcerning the issue. In the third and the fourth chapter are the influence of the investment barriers to China and the problems that we have. In the last part of the dissertation are the suggestions in the setting of laws.
Keywords/Search Tags:Investment barriers, The content of the agreement, Influence and suggestions 《TRIMs Agreement》, 《The International Investment Law》
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