| This thesis will focus on the recitals in the TRIMs Agreement. Conflicts between China's legislation on foreign investment and the TRIMs Agreement will be illustrated through research on the TRIMs and the recitals in the TRIMs Agreement, as well as analysis of China's current situation regarding foreign investment legislation and the major issues. To fulfill the promises concerning the rules of WTO Agreement including the TRIMs Agreement recitals, China needs to adapt its foreign investment legislation. Therefore, I will propose in this thesis a basic law on foreign investment be formulated.This thesis will consist of three parts:Part one, expounding and comments on the TRIMs Agreement, will concentrate on four aspects: first, the backgrounds of the creation of TRIMs Agreement; second, the recitals of the TRIMs; three, comments on and analysis of the Agreement; and four, the development trend of the Agreement. On the backgrounds of the creation of TRIMs. The issue of investment measures was never raised in the topics of all the seven rounds of negotiations on multilateral trade before the Uruguay Round. The case of U.S. vs. Canadian Foreign Investment Review Act in 1982 was adopted into the mechanism for the resolution of GATT disputes, which for the first time placed the issue of foreign investment measures into the topic of multilateral trade system. "Trade-Related Investment Measures", i.e., TRIMs, for the first time appeared in the ministers' declaration of the 1986 Uruguay Round. So far there is still no unanimous definition for TRIMs. This thesis will try to solve the questions of what TRIMs actually consist of and what are the indications. Considerable disagreements on TRIMs exist between, on one side, developing countries and, on the other side, the developed countries. This thesis will focus on the major issues. On the recitals of the TRIMs. This part deals with the introduction of the specific contents of the TRIMS.On the comments on and analysis of the TRIMs Agreement. In this thesis will be pointed out the significance of reaching the Agreement, that thenceforth WTO may intervene into certain issues involving investment measures in the field of direct global investment and exercise, to a certain extent, disciplinary restrictions. Of course,the Agreement is not flawless, for instance, that the recitals are too simple, that the concepts are unclear and that the Agreement itself is unsystematic and inexercisable, etc. Then this thesis will expound on the legal value of the TRIMs. The TRIMs, as an important component of a country's or region's legal system monitoring foreign funds, is a effective means for the country's or region's own development and prosperity as well as for resisting the "economic invasion and exploitation" by the multinational companies from the developed countries, and in this sense, its applicability is rationalized and necessitated. Although some of the investment measures introduced distortions of or restraints on trade, from the long run, economic globalization and liberalization of international trade and investment become more and more popular. Therefore, the TRIMs, based on the gradual decrease and the readjustment of investment measures, is in line with such trend.On the development trend of the TRIMs Agreement. This thesis will briefly analyze the development trend of the Agreement as a coordinating system for the direct global investment policies. The regulatory scope of the TRIMs tends to expand during the course of WTO's multilateral trade negotiation.Part two, about conflicts caused by China's accession to the WTO and its foreign investment legislation, will discuss the current status of China's foreign investment legislation, the major issues in such legislation and the conflicts between such legislations and the content of the TRIMs Agreement. Since more than two decades of reform and opening up, China has accomplished strikingly in absorbing and using foreign funds and its foreign investment legislation has experienced... |
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