| With the connection between politics, economy, culture and technology increasing, foreign direct investment (FDI) rapidly spreads all over the world,which impersonally impels establishment and development of legal system of FDI. In this thesis, according to the current situation of FDI and its legal system, advantages and disadvantages on setting up multilateral investment agreement(MIA) and negotiating in different sites are analyzed and researched on thebackground of controversy on MIA in order to bring forward author's superficial opinion on the strategy of China. As far as the framework of this dissertation is concerned, it includes four parts.The first part of this thesis outlines present situation of FDI and its legal system. Firstly it focuses on development and status in quo of the international investment, which constitutes the economic background of establishment and development of MIA. More important, it has some connection with many key points of MIA, such as necessity of setting up MIA and foundation stone of divarication between developed and developing countries. Then it summarizes the present situation of international investment law so as to lay a foundation for the third part of the article.The second part makes a brief introduction on the controversy on MIA and then summarizes the essence of such controversy. The discussion of this paper is limited to two points of the arguments, which are controversies on setting up MIA and choosing negotiation place of MIA. Although the form and content of the disagreement appears different, it both reveals the diverse opinions of developed and developing countries. In fact it embodies that each country in the world tries all means to maximize its own interest.The third part analyzes advantages and disadvantages on setting up MIA and discusses advantages and disadvantages on framing MIA in different places, which is of some help of understanding the content of the second part and establishingthe foundation for China to choose its position.The fourth part of this thesis focuses on the strategy of China. China, as a powerful country in the world, has significant impact on the process of international economic lawmaking. The keystone of this part is to institute policy of China which is able to maximize not only the interest of China but also the interest of other countries especially developing countries in the future activity of lawmaking in the field of FDI. China should establish the policy after considering advantages and disadvantages on setting up MIA including the choice of negotiation place and measuring the present situation of China. To sum up, setting up MIA can bring no obvious economic profit to China at present. The speeches of Chinese representatives in all previous international conferences show that MIA does not fall into the area of the important issues that China concentrates on presently. However, developing countries are pushed to go forward by developed countries in the process of concluding MIA, probably China will face the same question. So China should make full preparation to cope with it ahead of time in order not to get into passiveness. |
