A Comparative Research On Trade And Investment Law Of The Free Trade Area

In recent years, the development of regional economic integration and world economic integration tends to be obviously quickened. As one of the main components of the regional economic integration, the FTA (Free Trade Area) has been increasingly received more and more concerns. As a trade arrangement that is system antecedence, the legal system of FTA directly affects the development of regional trade liberalization and implement of each leaguer's profits. Among the legal system, trade and investment system is one of the most significant sections.Herein, my dissertation chooses the NAFTA (North American Free Trade Area), AFTA (ASEAN Free Trade Area) and AUSFTA (Australia-United States Free Trade Area) as representatives to exemplify their functioning among developed countries, the developing countries, and between developed and developing countries. Through these comparisons, it will better our understanding of construction of legal system of FTA and can also be served as a valuable reference for China.The main text of my dissertation starts to specify several theoretic issues correlated with FTA. It elucidates relationships of the regional economic integration to the world economic integration;and analyzes the effect brought by establishment of FTA towards the leaguers and non-leaguers;and discusses the legal foundation of the FTA system.This dissertation then further makes comparison of the visible trade, trade in service and investment legal system of the selected FTA. It specifically analyzes the FTA rules related to the trade and investment. Through this comparison, it is seen that due to the difference of FTA members and unbalance of each country's trade liberalization, the objectives of and measurement taken by each FTA are obviously distinct. These especially embodies in the aspects of liberalization, anticipation, and favorable treatment to the developing countries (essential justice). The discussion of my dissertation thus focuses on this scenario.In conclusion, I summarize the major characteristics of each FTA. According to the generality of the legal system of FTA, I conclude the relationship of the legal system of FTA to WTO. By the consideration of China own status, I use the characteristics of legal system of each FTA for reference, and provide someassumption and suggestion to the legal arrangement of China participating the FTA.