Investment In Access Issues In The Oecd Multilateral Agreement On Investment Research

Admission of Foreign Investment issue is one of the most sensitive issues in the field of international investments. It has been paid much attention to in the field of international investment practice. Because it is directly related to economic sovereignty of a sovereign state, developing countries always pay highly attention to its legislation. According to the development and current situation in the liberalization concerning international investment and deeply on the basis of the high-level investment liberalization agreement draft raised by Organization for Economic Co-operation and Development (OECD) in the MAI negotiation, it will be analyzed and researched systematically.As far as the framework of this thesis is concerned, it includes three chapters: introduction to admission of foreign investment, the legislation of admission of foreign investment in MAI, the construction of Chinese legal system concerning admission of foreign investment. The basic theoretical issues on international admission of foreign investment are studied in chapter 1.It is firstly analyzed from two aspects: the meanings of admission of foreign investment and its content. On the basis of the research in not only domestic legislation, but also bilateral and multilateral investment treaties ,it finally comes to the general trend of the international investment.According to the development and current situation in the international investment, chapter 2 fully expatiated the lawmaking background and the content concerning admission of foreign investment of Multilateral Agreement on Investment draft(MAI), analyzed the failure reasons of MAI negotiation and finally comes to a conclusion: A multilateral agreement on investment which can be accepted by all kinds of countries must be a agreement which can responds different kinds of interest of different countries. Only under the guide of the principle of new international economic order can we establish an effective multilateral agreement on investment.In the last chapter, the author, first of all, retrospects the course of Chinese foreign investment lawmaking, and affirms the contribution of the foreign investment law, meanwhile, analyzes its deficiency: Chinese current legal system concerning admission of foreign investment is in conflict with the principle of national treatment. On this basis, the author introduces the basic thought-way about perfecting Chinese foreign investment lawmaking: eliminate discrimination, perfect the current foreign investment legislation to reduce its conflict with the national treatment principle and reform the administrative examination system.The trend of the development in liberalization concerning international investment is fully expatiated in this thesis and taken as the direction of the perfection of our foreign investment legislation. This thesis analyzes the problems of the sub-national treatment and super-national treatment legislation and finally the author gives some advice to resolve these problems.