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A Study On Negative List Of International Investment Agreements

Posted on:2019-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:J P XuFull Text:PDF
GTID:2416330548951726Subject:International Law
Abstract/Summary:PDF Full Text Request
With the continuous development of the international economy,as a management method of foreign investment,the management system of negative list appears.The negative list is a list list,which refers to a list of industries or commodities that a country restricts or prohibits foreign capital access or restricts the proportion of foreign capital entering.First,from the origin,the negative list came from the tariff agreement between the German allies,led by Prussia in 1834.Secondly,the development of the world economy leads to different characteristics of different economic entities,and the importance and sensitivity of different industries the corresponding requirements are different,so in his country to open the domestic market economy when the relationship between different industries and different products and open market possibilities need to be carefully weighed.It is necessary to combine the reality with the foresight of the industrial upgrading and the industrial upgrading,and to define the matters of attention in accordance with the specific circumstances.Thirdly,in terms of the level of economic development of a country,the methods of managing foreign investment are also different.At present,in the field of international investment,countries have adopted negative list mode to open up foreign investment,which has basically become a formula.There are many countries with low level of economic development.Therefore,the international experience and trend analysis of the negative list management mode is quite significant when comparing and summarizing the negative list's rapid development.At the same time,this study also has an important reference for China to promote the negative list system.In practice,it is also of great significance to study the international negative list access system model to improve the scientificity and rationality of the international investment agreements.My article is based on the above research to write and discuss.This article is divided into the following parts.The first part is the introduction.It includes the source and significance of the negative list research in international investment agreement,the train of thought and method of negative list research,the current research situation both at home and abroad,and the innovation of this paper.The second part is an overview of the negative list.It includes the definition of the negative list and its characteristics and legal basis in the international investment agreement,as well as the development of the negative list.The third part is the negative list system and its characteristics in the investment agreements signed by developed countries.This section is intended to provide an in-depth analysis of the negative list system from the perspective of the negative list system of international investment agreements signed by representative developed countries such as the United States,Japan,and the European Union.The fourth part is the negative list system and its characteristics in investment agreements signed by developing countries.Similar to the previous chapter,it is intended to thoroughly analyze the negative list system from the perspective of the negative list system of international investment agreements signed by representative developing countries such as China and India.The fifth part is the difficulty and Enlightenment of the development of the negative list system in the international investment agreement.The last part of the two part is focused on the development of negative list system from the list of negative list system.The fifth part is the flaws and implications of the negative list system in international investment agreements.To undertake this part of the first two parts,the focus is on the list of negative list systems as an entry point to study the deficiencies in the development of negative lists,as well as the revelation and control of existing risks.The sixth part is the analysis of how to improve the negative list system in our country.This part is first to analyze the problems in the negative list of our country.Then,based on the full text,we propose constructive improvement measures for China's negative list system,mainly from the following aspects:improving legislation and other related measures,and strengthening relevant departments' supervision.
Keywords/Search Tags:Negative list, Legal Basis, Investment Agreements
PDF Full Text Request
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