Investment Liberalization Of Regional Trade Arrangements

Along with the globalization 's development, various countries financial market consummates, the Multinational corporation globally to strengthen the management unceasingly, effective in promoting the rapid development of international investment. The developed country advocates the investment liberalization around the world, the developing country in order to attract the foreign capital well, are constantly revised and adjusted the country's foreign investment laws, to reduce restrictions on foreign investment , increases and protects foreign capital, in the presents there has the tendency of encouraging to investment liberalization.Since the 1980s, in both sides at the bilateral, regional and multilateral levels have emerged to promote the liberalization of international investment. the academic community both at home and abroad for bilateral investment treaties and multilateral investment treaty (MAI draft) there has been extensive and in-depth research, but rarely has the regional investment rule research, however the region investment rule is becoming the important part of international investment. At present, in china,the substance participation of regional trade arrangements is very little, mainly has the CASEAN, the APEC and so on. As Professor Shen Sibao said:"drifted away from the region trade arrangement, can only miss our active participation in regional trade arrangements in the fierce international competition; On the other hand, because the region trade arrangement offers the region countries preferential treatment, the members make the trading partners outside the region still retains their original trade barriers, so it generates the effect of trade diversion effectively and exclusive obviously, resulting in our country have the different prejudice influence."Therefore, our country should participate in the region trade arrangements effectively and promote regional investment and cooperation actively.. Late near, along with economic globalization and investment liberalization further thorough, there have been some new features the region in the investment admittance, the investment treatment, the investment protection, the investment dispute solution which are the most important issue of international investment. In this context, in order to adapt to the trend of investment liberalization, this article make the region trade arrangement as the angle, take the capital Exporting Country and the capital input country which is the investment relations' basic construction as the main line, mainly includes the foreign capital admittance, the fulfillment request, the foreign capital treatment, the dispute solution and so on several aspects to elaborate the investment liberalization.This article mainly contrast region trade agreemen such as EU,NAFTA,ASEAN,APEC and so on, , elaborates the developmental condition, analyzes its developmental characteristic, and further analyzes these underlying factors and the intrinsic driving influence. Based on this, give the proposal which our country participates in China - ASEAN Free Trade Area and replys investment liberalization.In CASEAN Free Trade Area's negotiations ,both sides agreed that realize the investment liberalization should be gradual, but still had the difference in the concrete question.. Access of foreign investment, we can take the limitied opean approch ,also we can learn from GATS take the "bottom-up" (bottom-up) method, various countries can take the mature in the field where can be opened to the outside world, draws up the concrete pledge duty, lists the market opening timetable. Moreover, it may also allow such methods : exception, exemption detailed list, retention, transition-period and so on to solve gradual liberalized the investment admittance problem. In the fillment request aspect, imposes some suitably restictions on the fulfillment request, for instance the local employment request, the sales request and so on. All those have the necessity to regulate. If these fulfillment request is taken to obtain some preferential benefit ,we may allow it to carry out. We can take this as the exceptional situation . In the foreign treatment aspect, we can apply the national treatment to pre-establishment limited, we can take the national treatment gradually by provisional exception. Finally, to the disputesettlement, this paper suggests adopt two set of dispute settlement system, one for disputes between governments and the other for the disputes between investor and host government. Increases the transparency and the feasibility of the investment dispute settlement mechanism. Based on this, improve and perfect the local dispute settlement mechanism which be trusted by the foreign investors.