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Study on the Investment Agreement of China-ASEAN Free Trade Area

Author: CheJiangBo
Tutor: WangMeiLi
School: Southwest University of Political Science
Course: International law
Keywords: China-ASEAN Free Trade Area "Investment Agreement"
CLC: D996.4
Type: Master's thesis
Year: 2011
Downloads: 128
Quote: 0
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Abstract


Since China-ASEAN Free Trade Area (hereinafter referred to CAFTA) was founded, the achievements that have attracted lots of foreign investment have attracted worldwide attention. It has become an important destination for international capital investment. Till the end of 2008, China and ASEAN countries’mutual investment, has reached nearly 60 billion U.S. dollars. ASEAN countries except Myanmar had signed“the promotion and protection of investment agreement”with China. In the trends of ASEAN regional integration, in order to unify management of foreign investment and further standardize the behavior of investors and develop international investment rules,“CAFTA investment agreement”came into being.CAFTA "Investment Agreement" has been signed, and came into effect in February 15, 2010. Therefore, we must strengthen the study of this agreement. The risk prevention capacity of China’s investment in ASEAN will be increased. The international competitiveness of our enterprises will be enhanced. Foreign investment in China’s legal system made the improvement measures to promote domestic and ASEAN two big markets, for a total co-operation, the development of win situation, with a great and realistic significance.This paper is based on the investment rules of CAFTA "Investment Agreement”. I selects a number of important legal issues and combine with North American Free Trade Area (referred to NAFTA), the European Union’s (referred to EU) investment rules for text analysis. Interpret CAFTA "investment agreement" and compare NAFTA, EU investment rules of the similarities and differences, and finally put forward "investment agreement" perfect approaches and recommendations.This paper is divided into five parts:Introduction content is about regional economic integration and regional investment rules introduced. Combine EU and the NAFTA rules of formation and evolution of regional investment context.The first part introduces the overview of "investment agreement", including the origin and the introduction of background and legal nature.The second part points out the main content of "Investment Agreement”and special characters. It use innovative ASEAN model of economic development for different levels of national distinction. Specifies six reservations.The third part is the focus of this article. I analyses eight core issues, including invest access, investment treatment, investment protection, investment dispute settlement, transparency, institutional arrangements and other investment legal, while EU, NAFTA rules on investment analysis, in order to find the back of its legal system. A breakthrough will be provided for CAFTA perfect.The fourth part emphasizes the regional investment rules for CAFTA.I try to find deficiencies of“investment agreement”, and proposes legal strategies, including: the gradual relaxation of market access; progressive implementation of national treatment; promoting investment facilitation; effective protection of investors the legitimate rights and interests.The fifth part is conclusion .I refers to that China’s lack of experience in the formation of regional investment rules. China could be the "Investment Agreement" entered into the use of the APEC (referred to as APEC) and other regional investment rules for the process of forming. we will firstly try and test for possible future investment rules at the regional level, and actively guide the future direction of multilateral investment rules, to obtain the right to speak of investment rules making in the Asia Pacific region and the world the area .

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CLC: > Political, legal > Legal > International law > International Economic Law > International Investment Law
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