Analysis On Negative List Mode For Foreign Investment Management

Negative List was firstly introduced as the Non-Conformity Measures in Bilateral Investment Treaty (BIT), and then converted into an important part of international trade and investment rules. With the official start-up of China (Shanghai) Pilot Free Trade Zone (FTZ), the Negative List has been brought into the public sight by the announcement of Special Administrative Measures (Negative List) on Foreign Investment Access to the China (Shanghai) Pilot Free Trade Zone (2013) from Shanghai local government. In a very short period, the concept of Negative List has caught great interests from entrepreneurs, scholars and governments. The reasons are wide; but the most significant one is that the concept of Negative List can be employed as a test of administrative reform for the government and a sign of deeper open policy.Based on analyzing previous studies of the Negative List, the whole thesis sums up the Negative List’s history, definition and main contents. Examples are analyzed from the developed countries such as American investment administrative measures as well as its comparisons in emerging markets such as Indonesia. Then the thesis makes a comparison between Negative List and current foreign investment administrative methods, as to summarize and analyze the significances of Negative List in Shanghai FTZ. Pros and cons are given to evaluate the Negative List as to explore the possibility of implementing the Negative List mode nationwide. The author also gives her proposals for the Negative List based investment administration model in city Nanjing.Different from previous studies, which usually focus on the detail terms of the Negative List, in this thesis the author tries to provide analysis from the aspect of public policy evaluation, which is based on its history and main features. Besides, deeper analysis and practical suggestions are provided for Nanjing to draw up a Negative List framework from cases of other local governments.