Study On The Investment Mechanism Of CAFTA From Legal Perspective

The regional economic integration is one of the notable features of world economic development. Regional economic integration promotes the vigorous development for regional economies organizations. Meanwhile, International investment gradually becomes one of the international economic pillars, which is as important as the international trade. The main subject of negotiation among countries nowadays is to promote and protect the international investment. For these reason, the cooperation and laws in investment field of the regional economic organizations obtain the attention from more and more governments and scholars. The investment regulation in free trade agreement begins to develop gradually and improve. Making the regional investment rules becomes significant in the process of establishing laws for free-trade zones. China began to participate in regional economic integration in 2001, and decided to set up China-ASEAN Free Trade Area (CAFTA) with ten ASEAN countries and signed "China and ASEAN for all-round economic cooperation of ASEAN frame agreement " with them. Both agreed that"mutual investment"would be one of the fields among five preferential cooperations. It is known from the economic development process of both sides for several years that international investment makes great contribution to the economic growth for. However, the"investment relation"dose not harmonious at present between China and ASEAN countries. The negotiation and formulation for"investment regulation"is in intensive process. How to use for reference the"investment relation"by applying the new development of international investment treaties during the past few years in order to work out an investment regulation satisfied the actual benefits for both sides is an emergency for establishing free-trade zone smoothly. Therefore, standing on the present situation of mutual investment development among China and ASEAN countries, it is necessary to analyzes the existing investment regulation of regional investment and bilateral investment, and take the possible influence into consideration.This dissertation has made comparatively detailed discussion for trying figure out the above problems.The preface part has introduced the theory of regional integration and the relation of investment regulation. It simply analyzes the significance of founding investment regulation for Chinese-ASEAN Free Trade Area: Rationalize the investment relation of both sides, to promote investment and accelerate the economic growth, and build a free trade zone all around.In the first chapter, the current situation investment regulations in this area, its definition, classification with investment of regulations is summarized firstly; Secondly, the study introduce area creation with investment of regulation, deepen the process developing, shows the form and the characteristic in different history and different developing stage, illustrate and summarize the new trend appearing in the area investment regulation field in recent years; Finally the author analyses three investment regulation area economic entities as typically samples, for gaining certain experience to invest in regulation to structuring Chinese ASEAN from trade area.The second chapter introduces the development China and ASEAN invest in mutually in general situation and available legal norm at present. Finding out investment potential, discovering the characteristic and existence hinders at present in the investment between both sides via analysis China-ASEAN current situation in the investment fields. The laws in investment fields suiting or not is one of the key points promoting trade development, and it is also one of approach creating harmonious investment relations by both sides. The arrangement of ideas having carried out mark discusses the statutory rules adjusting China and the ASEAN room therefore, right away at present. And this chapter makes bedding for the next one.The third chapter brings forward questions from regulation angle between China and ASEAN in investment fields in the course driving economy integration. The author respectively expatiated from three aspects: adjustment range with investment of agreement, the aspect promoting and investing in investment to protect. Since area investment agreement contains a lot of content completely therefore the author has brought forward existence only, China and ASEAN thin out outstanding and urgent divergence and problem in this three aspects.In the fourth chapter, the author analyzed the necessity founding a unified Chinese ASEAN investing in an agreement for the free trade area first; then, expatiated the principles and methods should be follow during structuring the agreements in this field from macroscopic view; finally, bring forward personal view and resolve a scheme for structuring investment rules for the China-ASEAN free trade zone.