Critical Analysis Of Myanmar Investment Legal System

This research is mainly focusing on the analyzing the investment legal system of Myanmar towards the FDI promotion.This study also investigates the challenges and impediments of foreign investment in Myanmar and discusses investment dispute settlement mechanism in Myanmar.Foreign investment is one of the most important pillars of a country?s economic development.Foreign investment can be defined as the transfer of tangible or intangible assets from one country to another for the purpose of generating wealth under the total or partial control of the ownership of the assets.In Myanmar,the foreign direct investment significantly grew due to the country?s open-door policy to foreign investment and trade since 2012.The government of Myanmar introduced Foreign Investment Law 2012,the Myanmar Citizens Investment Law 2013 and some related rules respectively.However,foreign direct investment had not grown enough because of Civil War,poor corporate and government accountability and lacking secure investment behavior.Currently,the new government prescribed Myanmar Investment Law in 2016 to facilitate and attract more foreign investment,but the reasonable attractive way for the growth of foreign investment is still needed.The growth of investment in both developed and developing countries not only has brought benefits to the economy of the host states and to their citizens,but also,in this era of globalization,resulted in an unprecedented surge in world trade and commerce.Chapter 1 explains the background,significance,methodology and the research plan.Chapter 2 focuses on the Historical Development of Myanmar Investment Legal System.Chapter 3 introduces and analyses the situation of conflicts between investments related laws for the process of operating and investment approvals in Myanmar.We also discuss the current investment dispute settlement mechanisms related to FDI in Myanmar and turn to study China?s investment disputes settlement mechanisms in Chapter 4.Finally,Chapter 5 discusses some expectations to FDI in Myanmar and outlines policy recommendations for consideration of policy makers on how to effectively promote Myanmar investment legal system.This research analyses Myanmar investment legal system,especially for present conflicts between investment related laws and practices of dispute settlement mechanism in Myanmar.Therefore,the outcome from this research brings potential improvement to the environment of investment laws and may fill the gap of policy in investment.This thesis also draws the policy recommendations and strategies on how the provision of law should be updated or revised for further process of enhancing business environment in Myanmar.