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The Interdependence Of International Political Economy Analysis Of The Prospect Of The Trims Agreement

Posted on:2009-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z B DengFull Text:PDF
GTID:2206360272457501Subject:International Law
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Stepping into 21st century, capital movements quicken evidently, various of international investment activities by multinational corporations extend the economical relation from traditional circulation field to production field, from simply merchandise trade to multinational combination of producing elements. International investment has evolved from unilateral movements by developed countries to multilateral movements all around the world. Simultaneously, International Investment Law has experienced the international transformation from unilateral legislation by developed countries to multilateral legislation by all the countries. The voice of constituting uniform, universal International Investment Code becomes stronger and stronger.The text analyses The Agreement on Trade Related Investment Measures (TRIMs) coming into being during the Uruguay Round, reviews the efforts by the world on constituting uniform International Investment Law after the subscription of TRIMs, links with the actuality of international political and economical system, discusses the foreground of TRIMs, and gives some suggestion on the countermeasures of China in later negotiations. The text concludes five parts.The first part analyses the background and process of production of TRIMs and summarizes the legal character of the agreement. The development of international investment and International Investment Law are quite unbalanced. Taking FIRA case as the fuse, the Uruguay Round started the negotiation on trade related investment measures. By more than seven-year hard discussion, the partners subscribed the first global substantial international investment treaty that is transigent, abbreviate and ambiguous.The second part evaluates the positive effects, the negative effects and the limitation of TRIMs. It provides favorable manual for the development of international trade and investment, which has milestone significance in the process of international investment legislation. However, TRIMs brings some negative effects, especially it makes the developing countries waive more overseas capital jurisdiction. Moreover, the limitation of the agreement, such as singularity of applying area, decides that it is just a transitional agreement.The third part analyses the attempts of international investment legislation after subscription of TRIMs. The stagnation of MAI and the iterative discussion of Trade and Investment in the WTO negotiation indicate that establishing a comprehensive multilateral framework or convention including substantial norms on international investment is the target for which all the countries strive.The fourth part demonstrates the center arguments of the text, namely the inevitability and feasibility that TRIMs will expand to international comprehensive investment code under the WTO framework. Interdependence urges the multi-channel and multi-level contacts around the international society, strengthen the will of international cooperation of establishing new international regime to maintain the common order. The WTO Charter offers considerably better opportunities for the future evolution and development of the institutional structure for international trade cooperation. With the WTO focusing on the institutional side, it also offers more flexibility for future inclusion of new negotiated rules or measures which can assist nations to face the constantly emerging problems of world economics.The fifth part brings forward the countermeasures of China in later multi-negotiations according to the developing trend of TRIMs."Bring in, go out"strategy promotes the development of international investment. An international investment code has uncommon meaning for our country. As the largest developing country, we should conform to the historical developing trend, link with our situation, seek for countermeasures in order to farthest protect sovereignty and economical benefits of our country.
Keywords/Search Tags:TRIMs, Interdependence, Law unification, WTO opportunities, International investment code
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