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Trims Agreement, The Gatt / Wto Multilateral Rules On Investment

Posted on:2008-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:C C LuFull Text:PDF
GTID:2206360212987052Subject:International Law
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The World Trade Organization is one of the most important International Economic Organizations throughout the world. The GATT/WTO framework contributed a lot to the establishment of the multinational free trade system by eliminating tariffs and non-tariff trade barriers. Meanwhile, in response to the rapid growth of the Foreign Direct Investment ("FDI"), GATT/WTO Rules gradually expand their scope of regulation into the International Investment domain, and have substantial impact on the Multinational Investment Rules ("MIR"). The TRIMs Agreement was the landmark of this trend.This dissertation deeply explores the impact of the GATT/WTO framework on the MIR by historical, comparative and case analysis, and then make suggestions for china's strategy in participation of negotiation on the MIR。The first part of the dissertation briefly introduces the Trade-Related Investment Measures (TRIMs).Part II of the dissertation analyses the regulation of TRIMs under GATT framework. By introduction of the Case"Canada-the Administration of Foreign Investment Review Act (FIRA)", this part explores the regulation of TRIMs in the method on a case by case basis under GATT.Part III of the dissertation traces the history of negotiation on the TRIMs Agreement and highlights some defects of the TRIMs Agreement in the implementation by analysis on the Brazil Automotive Regimes, then indicates the necessity of improvement.Part IV of the dissertation focuses on the Negotiation of the MIR under WTO framework and indicates WTO is the ideal forum of the MRI.The last part of the dissertation outlines the objectives and specific rules of the future MRI and makes proposals for China's participation.The most remarkable features of the dissertation consist of:(1) The first is the case by case method taken in the dissertation; detailed description has been made and gives its own opinions.(2) The second is the historical method that traces a large amount of English Materials in the process of negotiating the MIR, and then proposes that the parties launch negotiation on the MIR under WTO framework.
Keywords/Search Tags:TRIMs Agreement, MIR, GATT/WTO
PDF Full Text Request
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