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The Legal Regulation on Chinese Outbound Investment in Europe

Author: YingHuang
Tutor: SiPingPing
School: East China University of Political Science
Course: International Law
Keywords: FDI in Europe Legal Background and Framework M&A Investment
CLC: D996.4
Type: Master's thesis
Year: 2011
Downloads: 134
Quote: 0
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Abstract


From the middle of last century, the transnational M&A has become an important part of the international capital flows. International political trust, perfection of economic system, promotion from the science and technology and security of the investment are crucial driving factors to push the international investment forward. Based on the aforesaid reason, the direction of Chiese FDI outflows also experiences some changes. The phenomenon of investment in the third world countries has been striking by the trend of balance investment. Meantime, the Europe has formed some advantages for the inflows and expansion of Chinese capital therein and it should be admitted that Europe is a favorable market for sake of the establishment and perfection of European Union System and the formation and development of the internal market. Nevertheless, it should be noticed that the transnational investment activities actually bring many economic, legal and even political problems, which incurs the severe supervision from the host countries. European Union advocates the freedom of investment and capital flows and takes the measure of establishing the internal market law system to overcome the barriers impeding the circulation of regional capital, however, facing the Eurorean market, Chinese investment still meet huge obstructions, which is mingled and complicated by the dual legal system of the European Union and its member states. Therefore, the purpose of this dissertation is to reflect the status quo of law related to the investment by the Chinese enterprise in Europe and discuss the legal matters thereof, in order to find the reasonable and sensible investment tactics. Persuant to the aforesaid purpose, this dissertation will be separated to three parts: the first part is to introduce the states quo, trends and main impediments of Chinese investment in Europe; the second one is related to the legal background and framework of Chinese investment in Europe, and; the last part is about the concrete legal issues. In the part two, the writer will introduce and analyse the legal system and general regulations of Chinese FDI in Europe from two angles: China (the parent country of investment) and Europe with its member states (the host countries of investment), and further, discuss the effets and implementation method of the international treaty, protocol and European Union Law in promotion of Chinese investment, which is in purpose to give a macroscopic view of the direction of investment law. In part three, the writer will make the analysis and discussion about the legal issues of Financing, Mandatory Bids and M&A control on basis of the part two, with the purpose to discover a feasible and effective solution to the impediments for the Chinese investment in Europe.

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