Study On The Investment Rules In FTA

Free trade agreement(FTA) is a kind of regional arrangement of 2 or more countries(including single tax area) for achieving trade liberalization according to the WTO rules.Its content only refers to the goods trade traditionally,but in recent years, FTA has enlarged its contents,and now it includes almost everything about the economic cooperation between countries.Among them,the arrangement of investment liberalization is the most attracting new tendency.After developed countries make use of FTA to arrange investment liberalization,more and more countries adopt FTA to set the goods trade and investment.But not all the investment rules in FTA seek liberalization.Same FTAs signed by developing countries with other countries just stipulate the traditional investment protecting rules.The investment rules in the FTA have abroad association with other investment rules,as well exise some problems. Learn these subjects can know about the condition of international investment treaty's development,and at the same time,it has important significance for China to sign FTA with other countries and set the investment rules.This paper divides into 5 parts.The first chapter discusses the origin and development of FTA's investment rules.The second chapter analyzes FTA's investment rules.The third chapter analyzes the association between FTA's investment rules and the correlate rules in WTO.As the author think,GATS and TRIMs agreement are the main subject of WTO's investment rules,so FTA's investment rules absolutely have some association with them.Specially,the investment dispute settlement mechanism set by FTA may concur with WTO's investment dispute settlement mechanism in the jurisdiction.The forth chapters discusses the relationship between FTA's investment rules and BIT.In the author's opinion,as the traditional investment treaty form,BIT also has variation along with the development of international investment.There are some same content in FTA and BIT,but the goal of FTA's investment rules are usually higher than BIT and may have advantages in attracting foreigner investment.Although the situation is this,BIT won't be replaced by FTA's investment rules during the development of international investment,and they are synchronizing but they will play different roles separately.The fifth chapter analyzes FTA signed by America,Japan, and China,particularly analyzes the FTA signed by China.The author thinks that China's FTA should improve the investment protecting rules and pay attention to carry out the investment liberalization gradually.