Study Of Legal Issues Of Chinese Multinationals In Canada

In recent years, with the rapid development of China’s economy, the number of our countries’multinational enterprises is been showing an increasing trend. The government of Canada welcomes Chinese enterprises to invest in Canada in some areas such as natural resources. Our country and Canada implement the MFN tariff system with each other. At the same time, the trade policies and regulations of Canada are comprehensive. In conclusion, Canada has a good legal environment for investment. The trade between the two countries develops stably and rapidly, and our country has become Canada’s second largest trading partner. But at the same time, the problem of trade conflicts and frictions between the two counties has been more and more serious, and the number of arbitration and litigation between two countries’multinational enterprises is increasing rapidly. Therefore, right analysis and reasonable settlement of the problems between two counties’ multinational enterprises will have a great significance for the stable and long-term development of our multinational enterprises in Canada. This thesis is divided into four chapters:In the first chapter, we introduced different polices and characteristics of the trade between our country and Canada in different periods. While the trade between our country and Canada develops stably and rapidly, the legal problems we are facing is increasingly prominent. The development road of our countries’multinational enterprises in Canada is not flat. We also introduced the characteristics of our countries’multinational enterprises’ two-stage development in Canada. We also described four legal business structures of multinational enterprises, such as contract control, cooperation and association between enterprises, stock control and the integration of strategic linkages and control. We proposed some problems of the structure of contract control, such as small scale and incomplete laws and regulations, and we also proposed our responses and terms of settlement. For the structure of cooperation and association, we proposed that when our enterprises signed the agreement of cooperation with other enterprises, they were careless and sloppy and they also lacked the legal awareness of the settlement. For stock control, we proposed the legal responsibility of multinational parent enterprises and the self-help measures of themselves. For the structure of integration of strategic linkages and control, we proposed that whether actual controls should take the responsibilities of the enterprises and the principles of it. Finally, we summarized main features of the legal form of our countries’multinational enterprises in Canada.In the second chapter, we analyzed the main legal problems of our multinational enterprises in Canada. According to the relevant laws and regulations of international organizations and Canada, and the mainstream practice of other countries in the world, we proposed the main problems of our countries’multinational enterprises in Canada. We also proposed the debt obligations of legal issues of our multinational enterprises, and it contains the problems of our parent enterprises and the limited enterprises. The problem of legal issues of trade practices which contains the problems of internal problems such as price transferring and trade practices in services. We also proposed the problems of international technology transferring which contain the problems of restrictive business practices and abuse of intellectual property, and the problems of cross-border acquisitions. And we also proposed the problems of employment relations and the multinational enterprises’bankruptcy.In the third chapter, we proposed the measures for our multinational enterprises operating in Canada. We proposed the measures for the problems of the debt obligations of parent enterprises, the problems of limited enterprises, the problems of internal trade practices such as price transferring, problems of restrictive business practices and abuse of intellectual property in international technology transferring, the problems of cross-border mergers and the problems of employment relations and multinational enterprises’ bankruptcy.In the fourth chapter, we proposed our conclusive opinions about the legal problems of our multinational enterprises in Canada. First, we must base on the international laws, the Chinese laws and the Canadian laws. Second, our government should provide more favorable policies to support our multinational enterprises to enhance their predictive ability and affordability of legal risks. Third, our enterprises should base on the relative laws to better the management structure and attain technical breakthroughs and technological innovation, so we can make our tower in the forest of the world’s multinational enterprises. And we also concluded the problems of our multinational enterprises in Canada. We discussed the responsibility of the international community and the international treatment of our multinational enterprises in Canada. Our multinational enterprises in Canada must comply with the United Nations Global Compact and take the responsibilities of human rights protection, labor rights protection, environmental protection and anti-corruption. China and Canada implement the MFN tax rate which is very important for strengthening and enhancing two sides’ trade cooperation. Because of the complete trade legal system and the better legal investment, our multinational enterprises will have enormous potential and space of development with beautiful prospect.