Studies On Legal Coordination Issues Concerning China-ASEAN Mutual Investment

In 2001,the Association of Southeast Asian Nations(hereinafter referred to as the ASEAN) and China reached consensus on the establishment of the China-ASEAN Free Trade Area within ten years,and signed the China-ASEAN Framework Agreement on Comprehensive Economic Cooperation in 2002.Subsequently,the two parties made cooperation agreements in such fields as dispute settlement,trade in goods,trade in services, but agreements on investment cooperation have not been made by now.The status quo of lacking legal norms is not harmonious with the flourishing practice of mutual investment between the ASEAN and China.Therefore,it has been urgent to reach an agreement in the field of investment cooperation between China and the ASEAN as soon as possible to remove the legal barriers.In view of this,the author,beginning from the status quo of the mutual investment between China and the ASEAN,employing the methods of empirical analysis and comparative analysis,analyzes the legal status quo and the barriers of the mutual investment between China and the ASEAN,to bring forward some ideas about the legal system of mutual investment between China and the ASEAN.In line with this thought,this thesis is divided into four parts:Partâ… introduces the present situation and prospect of the development of the mutual investment between China and the ASEAN.Recently,the mutual investment between China and the ASEAN has made rapid progress,and new investment fields have been enlarged.In addition,the economic development,the political stabilization and the geographical adjacency predict the broad prospects of investment between China and the ASEAN.Partâ…¡introduces the legal systems of adjusting the mutual investment between China and the ASEAN,including the norms of domestic laws in China and the ASEAN,the bilateral investment treaties,the regional investment agreements,as well as the worldwide rules on investment under the WTO.Partâ…¢analyzes the legal barriers in mutual investment,in fields of the access,treatment, protection and supervision.At present,there is big difference between the access of investment in China and the ASEAN,e.g.different procedures of access,slow improvements of treatment,insufficient protection of foreign investment and incomplete supervision over investment.Partâ…£,as the core of this thesis,discusses the overall design of the legal coordination for mutual investment and the legal coordination issues concerning certain specified investment.Neither the investment rules and mutual investment treaties in each country,nor regional and worldwide investment treaties can play the full role in coordinating the mutual investment between China and the ASEAN.Therefore,with the knowledge of similarities and differences between the modes of regional and worldwide investment laws,the advantages and disadvantages about mutual and multisided investment and the outstanding contents in laws governing foreign investment in other countries,under the principles of state economic sovereignty,equality and mutual benefit and forward-lookingness,a set of rules and treaties, reasonable in economy,legitimate in system and feasible in operation,can be set up,through investment access,investment treatment,investment protection and investment supervision,to coordinate and standardize the mutual investment between China and the ASEAN.