A Study On Negative List Of Shanghai FTA Legal Issues

Since 2001, the Doha Round negotiations stalled, the US-led developed countries attempt to circumvent WTO, advocated a new round of global multilateral negotiations on international trade and investment, and actively promote the trade agreement countries. Reshaping the new international trade rules, one of the "negative list" of foreign access mode as a high-performance standard investment rules become the focus of the negotiations. In this context of the establishment in 2013 of the China(Shanghai) free trade zone test, and apply a negative foreign access list.Shanghai Municipal People’s Government issued a negative list so far, Shanghai FTA does not live up to the community on the negative list of high hopes, practice with remarkable results. However, our FTA also many problems. Therefore, this paper analyzes the existing Shanghai FTA negative list(ie, 2015 Edition negative list) law locate the problem, combined with the status quo negative list Development of Shanghai FTA, learn from foreign negative list of relevant experiences, in order to improve the Shanghai Free Trade Zone negative list of relevant recommendations.In addition, this paper analyzes the "China(Shanghai) free trade zone test foreign investment access special measures(negative list) 2013", "China(Shanghai) free trade zone test foreign investment access special measures(negative list) 2014 year ", " free trade access to the test area of foreign special management measures(negative list), " and foreign FTA, according to comparative study, I believe that the current negative list of Shanghai FTA investment laws and the existence of basic industries imperfect law, the Co meeting permissions are not clear, non-conforming measures restrictive measures incompatible with the prohibition of non-conforming measures region tell, dispute resolution mechanisms can not meet investor demand and other issues. To meet the domestic socio-economic security, based on the reference of the Philippines foreign investment negative list of legal modification mode Indonesia negative list of regulatory mechanisms and the experience of the US-ROK FTA, the following recommendations for improving the Shanghai Foreign Investment Admission FTA negative list:First, the negative list should be national legislation; third, a clear negative list revision process, the joint meeting mechanism and authority; third, improve the negative list of legal supporting system; Fourth, establish a diversified investment dispute settlement mechanism.