Research On International Investment Law In Shipping Industry

The integration of global economy will surely result in the enlargement and diversification of world economic transactions. Accordingly,transnational investments in world shipping industry will also increase gradually,which requires the development of relative legislation and theoretical research in this field. Unfortunately,the current legal practices do not lay much emphasis on this domain,and no analyses have been made till now. Whereas this,the article makes a primary research on the International Investment Law in Shipping Industry (i.e. IILSI),and analyses the relative legal system in national and WTO law in order to provide a sound basis for further research in the future.The article contains three divisions:Introduction,Body and Epilogue. Consisting of three parts ,the Body theoretically can be divided into three sectors:one is "the research about the theory" ,second "the review on legislative practice" . The other "the research about practice" ,The details of the Body are as the following:l.Part I designs IILSI as a legal branch and draws up its framework by researching the fundamental theories of IISI and IILSI from the view of economic and legal theory.As the only content of Part I,Chapter I includes two sections:㏒ection I names "International Investment in Shipping Industry" . Beginning with the analysis on "international investment" and "international investment in services" ,Section I represents the author' s opinion on several issues,such as IISI' s definition,scope,features and relations with international service trade in shipping industry e. t. c. The author considers that we should pay more attentions on the research about the investments in service sector. ?Section II,titled as "A General Review about IILSI" ,analyses IILSI' s definition,features,legal sources,scope of research and its relations with other legal branches. Based on the query of the traditional definition of International Investment Law,the article defines IILSI as "A general name of the laws,which also is an important branch of International Investment Law,adjusting all kinds of national or international relations resulting from internationally direct investments by private persons in shipping industry. "2. Part II ,which contains Chapter II,III,aims at reviewing legislative practices in shipping industry in main countries/regions.The author represents and analyses the investment laws in shipping industry of the main countries/regions in Asia,America,Europe and Australia,according to introduction of general investment laws and special ones in shipping industry,which contains foreign investment laws on international shipping,auxiliary services,port construction and port service,internal waters and cabotage right,and the regulations on ship registry and seaman employment.In chapter III,the author analyses legal system of WTO laws connecting with investments in shipping industry,and gives his opinions on some clauses. In this part,only Chapter VIII is contained. The title of "WTO" s legal system of investments in shipping industry" . This chapter has two sections. Section I makes an introduction on the WTO maritime negotiation. Connected with international investment practices in shipping industry,Section II reviews the main principles and systems in GATS under WTO law.3. Part III the research about national and international law and the reference of relative laws in china These sector respectively illuminate,On The general investment laws in shipping industry and its regulations in specific field,then point out the current legislative problems from the view of legal regime and legal system,(e. g. market access and national treatment) the compare about the other country' s law and the reference of relative laws in china. The same the authors giver some suggestion on how china can wisely use the regulations in GATS,under WTO law to protect our own interests.