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Study On The Unification Of International Investment Rules

Posted on:2017-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:H X LiuFull Text:PDF
GTID:2336330512475742Subject:International Law
Abstract/Summary:PDF Full Text Request
The international political and economic situation has a lot changing with the increasing trend of economic globalization.the a weak development of economic developed countries by the impact of the financial crisis.The rapid economic development of developing countries began to encourage domestic capital into the world.International investment and the related international investment rules also appeared in the obvious changes and development.The international investment relationship that the developed countries focus on external invest and the developing countries focus on the introduction of foreign capital is changed into both the capital exporting countries and capital importing countries.The system of the existing international investment rules is mainly based on bilateral investment agreements,the limited of the contracting parties and a country will sign bilateral investment agreements with different countries result in the current international investment rules to present the characteristic of the "fragmentation".The previous international investment rules have been unable to adapt to the current international investment situation.Therefore,how to solve the confusion in the field of international investment caused by the existing international investment rules connect with the realization of the interests of the investors and the host country and the development of the world investment relations.Reconstruction of future international investment rules become a common concern of the international community.In my view,in order to cope to changes in the field of international investment,the international community should devote oneself to establish a comprehensive set of international investment rules.It should be a multilateral and can be maximize protect of investment liberalization and reduce investment barriers on the basis of existing multilateral and bilateral investment treaties to integrate the terms of investment that can be accepted by most countries and Into the content of the future of international investment rules should.First of all,it can be accepted by most countries in the world.Second,it can adjust the international investment activities in all aspects.Third,it can adapt to the continuous development of international investment activities.In addition,compared with the previous investment rules,it' s standard should be improved.At present,the construction of international investment rules has concerned by academic circles.Many scholars is studying and analyzing current situation of the development trend of investment rules by the investment rules signed and are negotiating.In addition,they are studying the unification of international investment rules in different levels.Such as a article is named "exploring the rules of multilateral investment in the Asia Pacific Region" published by Lu Jianren,Sun Yuhong research current situation and characteristics of Asia Pacific and global regional investment agreements and differences between major countries in the Asia Pacific region in terms of investment rules.A article is named "the comparison and trend of international investment rules and China's countermeasures" published by Li Yumei,Sang Baichuan introduction and compare Bilateral and regional investment agreements of the development process expect promote the development of international investment rules.These are just the tip of the iceberg.The research on the unification of international investment rules has been moving forward in the academic circles.Believe that with the development of the world economy and strengthening the globalization trend,whether in developing countries or in developed countries will be the spirit of "win-win cooperation" promote the arrival of the unification of international investment rules.The author expect study the direction of international investment rules in the future,starts with the unification of international investment rules,combined with outstanding scholars' research results and the investment agreement has been signed the world in recent years.This article is divided into four parts,respectively as:The first part shows the reason and significance of this paper,introduces the documentation and the views of scholars of author's reference,and briefly expounds the basic structure and writing ideas of this article.The second part makes a basic overview of the unification of international investment rules.In this part,the author firstly introduces the basic content of international investment rules,including international investment meaning,characteristics,and the process of formation and development.Secondly,introduces the unification of international investment rules should have connotation,standards and goals.The third part describes the current situation of international investment rules and the influence of it's unification.First of all,the author introduces the investment rules of the free trade agreement that has been reached and is under negotiation consisted of "Trans-Pacific Partnership Agreement","Transatlantic Trade and Investment Partnership","egional Comprehensive Economic Partnership".Then take China as an example to introduce the international investment rules in the bilateral investment agreements consisted of China-ASEAN "investment agreement","China-Canadian investment protection agreement","China,Japan and Korea trilateral investment agreement","China-US bilateral investment agreement","China-Europe bilateral investment agreement".The last,through the above international investment rules,analysis of the current situation of international investment rules to the progress and obstacles of unified international investment rules.The fourth part is several suggestions of the author to the unification the international investment rules based on the current situation of international investment rules cause it obstacles in the third part mentioned.The author starts with the negotiation of international investment rules and several suggestion for preparation work before the negotiation,coping strategies in negotiation and safeguard measures after negotiation.
Keywords/Search Tags:international investment rule, unification, advise
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