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A Comparative Research on Trade and Investment Law of the Free Trade Area

Author: XiongZuoYu
Tutor: JinXiaoChen
School: Capital University of Economics
Course: Economic Law
Keywords: Free trade zone Free Trade Area of ??the legal system WTO legal system
CLC: D996
Type: Master's thesis
Year: 2006
Downloads: 472
Quote: 4
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Abstract


In recent years, two-way development trend of regional economic integration and globalization of world economy has accelerated markedly, the Free Trade Area as the main form of regional economic integration is also of concern. As system first business arrangements, the Free Trade Area of ??the legal system a direct impact on the development of intra-regional trade liberalization as well as members of the local economic benefit can be achieved. Trade and investment legal system is an important part of the Free Trade Area of ??the legal system. However, compared with other countries and regions, the regional economic cooperation in China started late, for the Free Trade Area of ??the legal system is lagging behind. In view of this, the legal system of the Free Trade Area of ??the exploratory research, select NAFTA, ASEAN Free Trade Area, the United States - Australia Free Trade Area as between developed and developing countries, and among developing countries as well as representatives of a free trade zone between the developed and developing countries, a comparative study of these three Free Trade Area of ??the more representative trade and investment legal system, in order to strengthen the understanding of the legal system of a free trade zone for China participation in regional trade arrangements provide a reference. Text of this paper a number of theoretical issues related to the Free Trade Area from the start, clear the host of the Free Trade Area of ??the concept of regional economic integration and world economic integration; establishment of the Free Trade Area of ??the Member States and non-member countries law and economics analysis; and the law of the FTA based on GATT Article 24, a Country by GATS Article 5 and license terms described. This article from trade in goods, trade in services, trade-related investment in three areas as much as possible a comparative study of the Free Trade Area of ??the legal system selected and the Free Trade Area of ??the trade and investment legal system, in-depth and thorough analysis, by comparison, you can see the member states that make up the Free Trade Area, and the level of economic development of its member countries, the degree of market is not balanced, resulting in each of the Free Trade Area of ??the objectives to be achieved and the measures taken and other aspects of difference, mainly reflected in the degree of liberalization can be expected (substantive justice) Special developing countries, agreement or decision binding strength of the discussion focused on this. Concluding section, the first comparative analysis of the characteristics of the draw of the Free Trade Area of ??the legal system in the degree of liberalization, expected, summed up the characteristics of each of the Free Trade Area of ??the legal system itself. Second, based on the commonality of the Free Trade Area of ??the legal system, the relations of the Free Trade Area of ??the legal system and the WTO legal system are summarized. Finally, combined with China's own situation, learn the characteristics of the Free Trade Area of ??the legal system, and made a number of ideas and proposals on China's participation in the legal regime of the Free Trade Area arrangements.

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