Study Of Barriers To Investment In Regional Regulation

Nowadays the State increasing interferes with the economy in varying degrees.This may itself create obstacles to the flow of foreign capital. Investor seeingprofitable economic opportunities for their capital and technology abroad haspushed their governments to enter into arrangement with other countries tofacilitate their investment. International investment law has undergone aremarkable transformation in a relatively short time. BITs rapidly spread, makingthe BITs one of the most widely used types of international agreement forprotecting and influencing foreign investment. The idea of concluding amultilateral convention for the protection of foreign private property or investmenthas gained the support of a number of people. On the other hand, a large numberof regional investment treaties also were concluded following regional integration.Their role in the regulation of investment barriers is also increasing. Researchingregional investment agreements mainly developing countries and regionalinvestment agreements mainly developed countries, and comparing the similaritiesand differences in regulating investment barriers to analyze its characteristics, willbring important theoretical and practical significance.In this paper, the first part briefly analyses the meaning and cause of investmentbarriers. The research focuses on the key reasons for the rise of regionalinvestment agreements, which concludes that regional investment agreementsnow are a better and more practical choice. As it lies at the intersection of thedomestic and international spheres, it is a gradual approach in realizinginternational investment liberation. Next is the general introduction of the status ofthe legal regulation on investment barriers in the European Union, the NorthAmerican Free Trade Area and the Association of Southeast Asian Nations FreeTrade Area.PartⅡof this research concentrates on the barriers of investment access. Thispart generally analyses the main forms of barriers of investment access, exploringthe rule of law on this issue in the EU, NAFTA and ASEAN. This research helpsrealizing the need for access control and the direction of efforts to eliminate accessbarriers for regional investment agreement. PartⅢstudies into the barriers of investment business. This part comparativelystudies on investors' treatment, performance requirements and expropriation on thelaw provisions of the EU, NAFTA and ASEAN on the issues. It notes that therequirements of NAFTA in investors' treatment and performance requirements arehigher; and South and North are in line on the question of compensation for theexpropriation.PartⅣanalyses barriers of investment exit. The part explores that foreigninvestment withdrawal from the host country might have issues of currencyexchange restrictions. After a comparative study in the EU, NAFTA and ASEANrelevant requirements, this part comes to the characteristics of relevant provisionsof these regions, namely that a high level of economic development in the areas offoreign exchange are less stringent, and in the economically underdevelopedregion in the areas of exchange controls are more stringent. It summed up thatregional investment agreements mainly developed countries are more detailed,feasibility and effectiveness stronger; regional investment agreements oninvestment barriers in the developed and developing regulatory system obviouslyreflects the tendency of developed and developing countries and their respectivepositions.PartⅤsummed up the liberalization trend on the current regulatory system ofinvestment barriers in the regional investment agreements. Then from China'sperspective puts forward a number of suggestions for constructing regionalinvestment rules. The author proposes that we should establish an effectiveregional legal mechanism, which can respect our basic economic rights. On thisbasis, we should pay more attention to improve the regional investmentenvironment, relax unnecessary regulation, and strengthen the regulation oftransnational companies' social responsibility. The author noted a coordinatingmechanism in the paradox of the regional and global investment roles,namelylaunch talks aimed at reducing barriers to investment, remaining in line with thedevelopment of regional investment agreement...