| The unification of global economy will surely result in the enlargement and diversification of world economic transactions. Accordingly, transnational investments in world shipping industry will also increase gradually, which requires the development of relative legislation and theoretical research in this area. Unfortunately, the current legal practices do not pay much emphasis on this domain, and no analyses from the view of discipline construction have been made till now. Whereas this, the article makes a primary research on the International Investment Law in Shipping Industry (i.e. IILSI), and analyses the relative legal system in national and WTO law in order to provide a sound basis for further research in the future.The article contains three divisions: Introduction, Body and Epilogue. Consisting of three parts (i.e. eight chapters), the Body theoretically can be divided into two sectors: one is "the research about the disciplinary theory", the other "the review on legislative practice". The former also is Part I, namely "IILSI's basic theoretical research", while the latter comprises Part II (i.e. IILSI's national law) and Part III (i.e. IILSI's international law). The details of the Body are the following:1.Part I designs IILSI as a legal branch and draws up its framework by researching the fundamental theories of MSI and IILSI from the view of economic and legal theory.As the only content of Part I, Chapter I includes two sections: 'ection I names "International Investment in Shipping lndustry"(i.e. IISI). Beginning with the analysis on "international investment" and "international investment in services", Section I represents the author's opinion on several issues, such as IISI's definition, scope, features and relations with international service trade in shipping industry e.t.c. The author considers that we should pay more attentions on the research about the investments in service sector 2 Section II, titled as "A General Review about IILSI", analyses IILSI's definition, features, legal sources, scope of research and its relations with other legal branches. Based on the query of the traditional definition of International Investment Law, the article defines IILSI as "A general name of the laws, which also is an important branch of International Investment Law, adjusting all kinds of national or international relations resulting from internationally direct investments by private persons in shipping industry."2. Part I, which contains Chapter II, III, IV, V, VI and VII, aims at reviewing legislative practices in shipping industry in main countries/areas. There are three sectors in Chapter II, which is named "Chinese legal system of investment in shipping industry". These sectors respectively illuminate on the general investment laws in shipping industry and its regulations in specific domains, then point out the current legislative problems from the view of legal regime and legal system (e.g. market access and national treatment).From Chapter III to Chapter VI, the author represents and analyses the investment laws in shipping industry of the main countries/areas in Asia, America, Europe and Australia, according with the introduction of general investment laws and special ones in shipping industry, which contains foreign investment laws on international shipping, auxiliary services, port construction and port service, internal waters and cabotage right, and the regulations on ship registry and seaman employment.In Chapter VII, the author concludes the features of the investment laws in shipping industry of the above countries/areas. Meanwhile, he gives four suggestions for the reference of the relative laws in China.3.In Part III, the author analyses WTO law's legal system connecting with investments in shipping industry, and gives his opinions on some clauses. In this part, only Chapter VIII is contained. The title of Chapter VIII is "WTO's legal system of investments in shipping industry". This chapter has three sections. Section I makes an introduction on the WTO maritime... |
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