The Research On The Legal System Of Canada's Foreign Investment Review

Canada,as the first country that regulates foreign investment with a unified statute law,the experience that formulating the foreign investment law of which can be traced back to 1973,at which time Canada passed its first unified foreign investment law,the Foreign Investment Review Act.This law,which marks the beginning and development of Canada in the field of foreign investment law,was born with the strong support of the investment protectionism of Canada,which made great influence on Canada.With the investment protectionism intensified in the next ten years,the economy of Canada did get better,on the contrary,economic depression happened in Canada especially after the national energy plan implemented.Faced with the enormous pressure from all sides,the investment protectionism of Canada was gradually losing ground.In 1985,the Investment Canada Act was proclaimed in force,which replaced the Foreign Investment Review Act.With the development of International trade,international investment is more and more free and convenient,and this trend is making a profound influence on the changes of countries' foreign investment law.During formulating the foreign investment law,how to strike a good balance between protecting foreign investment and national interests to make effective use of foreign capital has become an important point for each country.In order to provide useful experience and inspiration,this thesis makes a historical review of the development of the legal system for the review of foreign investment in Canada,and analyzes the Canada's foreign investment review legal system on the base of the Investment Canada Act and other relevant legal provisions.The thesis consists of five chapters,the first chapter of which summarizes the Canadian legal system of foreign investment review,introduces the history of the evolution and development of the Canadian foreign investment legal system,and analyzes the legislative model of the Canadian foreign investment censorship system.The second chapter of this thesis analyzes the theoretical basis of the Canadian legal system of foreign investment review.It has concluded that the birth of the dual legal system of foreign investment in Canada not only stems from the theory of Canadian national economic security,but also based on the development of national security,which is the root cause of the national security review mechanism.In addition,Canada's international relations also affect the formation of its foreign investment review legal system.The third and fourth chapter of this thesis specifically introduce the Canada's foreign investment review legal system,which consists of the review of net interests the review of national security,including the subject of the review,the object of the review and the criteria for the review and the procedures for the review.The last chapter of this thesis makes a conclusion of the enlightenment,through comparative analysis,that the study of the legal system of Canada's Foreign Investment Review bring to author,and give some advices for China which help to make a more reasonable foreign investment legal system.