International Direct Investment, Market Access Issues Of Legal Research

Because the natural resources of various countries is different, therewill inevitablely be some advantage industries and inferior positionindustries, it produces the comparative advantage at this moment andinternational trade occurs. And investors overcome geography, culturaldifference and other trade obstacles in order to reduce and cost oftransport, including tariff barrier and non-tariff barriers, so they will carryon the investments abroad. When investors reach the profit that theoverseas direct investment brings and the profit is greater than it producedin trade, the international direct investment will get considerabledevelopment. All of these will promote the factor of production flowingfreely in the international capital market and realize the rationaldistribution of resources. As we know, the international direct investment is a double-edgedsword. It promots the employment rate of host country to increase, theimprovement of production efficiency or the progress of the technology,while bringing about an advance in economy of host country, it brings outa series of questions too. How to lead the international direct investmentto accord with the development plan of the host country, reaching awin-win situation, this has already become the national concernedquestion of each market economy. However, if the investors want to enterone country, they must analyse the investment environment at first,especially analyse the legal environmental to solve the legal problem ofthe market access. As everybody knows, international investment liberalization is theresult of global economic integration and integration of regionaleconomics advance. The liberalization of investment requires variouscountries to reduce government's intervention in international capitalcirculation, in order to allow the international direct investment to disposefreely in the world according to the rule of the market. But even in thiscase, the market access system of the international direct investment alsohas legitimacy and rationality to exist. With the development of economicglobalization, the prospect of international direct investment becomesvery wide. But how to get the right of admission (then to make theinvestment being local) is the most important point. If we want to enter foreign market, we should know the invetmentsourroundings, that means we should know legal sourrounding, cultureetc. frist of all, we must solve the problem of admission. This thesisintroduces the definition, content, significance about the right ofadmission. By comparing the systems of admission about some countries,we get to an idea: the minimum condition of the market access must beset. The admission of market access concerns the range and depth ofarranging resources. Economic sovereign determines the system ofadmission is legal, and the national long-term safety of economy decidesthe system of admission is reasonable. So I suggest reaching a commonunderstanding to the minimum condition of the market access amongcountries. It is the safety of national economy and the people's livelihood.Frist of all, admission of investment about national economy and thepeople's livelihood must be defined, and its range will be widened.Second, the investment of nongovernment should be liberalized totally. Itwill promote the liberalization of direct investment. But a troubling situation that abusing the rule of market access insome country is appeared. It is obligated to dispel the informationasymmetry between the producer and consumer for governmentdepartment or the industry organization. They carry on correspondingsystem restrain to products and provider service; this does't mean the ruleof market access can be abused. In order to prevent abusing the rule ofmarket access, protect the economic sovereignty of various countries andits long-term economic benefits, in terms of this, the article has putemphasis on the "degree"of access to reach a common understandingonce again. If we want to reach a common understanding to the rule ofmarket access, respect the market at first,...