The Study Of Myanmar Foreign Investment Law

Due to the impact of domestic political, ethnic, historical and other factors, Myanmar has taken a long-term isolation policy. Because of the friendships of a long history between both sides, China has been one of the few investors that are permitted to invest in and benefit from Myanmar. Based on the actual situation of the domestic economy, Myanmar enacted a new "Foreign Investment Law"(FIL) in2012, which regulate all foreign investor’s foreign direct investment. Although the specification of the legal system is contribute to protecting the Chinese investor’s interest, it will also attract Western investors who have advanced technologies and abundant funds to participate in the competition. Myanmar not only has rich resources and many potential investment opportunities, but also has a strategic significance to China’s core interest.In order to provide recommendations for Chinese investors and from the perspective of international investment liberalization, this paper focuses on studying the text of FIL through three legal issues about entry of foreign investment(EFI), foreign investment incentives and encouragement(FIIE), foreign investment protection(FIP).In addition to the introduction, this paper is divided into the following five parts:The first part describes the legislative background and mode of FIL, including the domestic background and international background, the unity legislative mode which is different from the two-track legislative model. And analyzes the international legal base of FIL, the FIL text skeleton, to grasp the entire text from a macro perspective.The second part describes the legal issue of EFI, including the connotation, the scope, the conditions and the approval system. First, it make an interpretation on the connotation of EFI, and summarize and analyze the characteristics of content of EFI. After that, it focusing on whether the AFI measures result in undue discrimination and trade distortion.The third part mainly discussed the treatment of foreign investment and incentives, and comment and analyzed the characteristic of FIL from three aspects of investment form, tax treatment, and land utilization and so on. Meanwhile, investment liberalization as a starting point, it focus on the foreign national treatment of regional or bilateral agreements which has gradually pulled ahead of its’ normal steps, and analyze the lack of foreign investment and incentives of2012FIL.The fourth part mainly concerns about the protection of foreign investment. It discussed the types and characteristics of the foreign investment protection of Myanmar, by summarizing the feature of the interests of foreign exchange protection, the en-surance of continued performance of contract, nationalization and dispute resolution. Besides, comment on the methods of protection on the basis of the text.The last part discussed the countermeasures to the FIL. This part first reviews the status quo and the impact of China’s investment in Myanmar. And to further consolidate and strengthen China’s overseas investment interests as the starting point, it proposed some suggestions and initiatives from the national and the enterprise level.