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Burundi Foreign Investment Law Research

Posted on:2020-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:HATUNGIMANA DieudonnFull Text:PDF
GTID:2416330578953386Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Burundi is a country with friendly relations with the People's Republic of China.However,the country was under the colonial rule of Germany and Belgium that successively colonized Burundi.Although the country declared independence in 1962,abolished the monarchy in 1966 and established a democratic state,it became one of the poorest countries in the world after a long period of war.In recent years,with the continuous exchange of high-level visits between China and Burundi,China strongly influenced the Burundian Government.The Burundian government is deeply aware of the need to build a stable and harmonious social order,strive to develop the economy,improve the living conditions of the Chinese people,and create more employment opportunities,which is the top priority of the country's work.As a result,the Burundian government has begun to formulate and maintain a stable national social order.The government has started to formulate a foreign investment law,and repeatedly revised the country's foreign investment law.Objectively speaking,the implementation of Burundi's Foreign Investment Law significantly improved the country's social order and economic development.However,it is still far from the government's expected goals.The author is an overseas student selected by Burundi to study in China.Through the study of China's"Three-Funded Enterprise Law" and the new "Foreign Investment Law",I feel that Burundi's foreign investment law compared with China's foreign investment law,although there are many features that are certainly showing many imperfections.This paper is a comparative study of the Foreign Investment Law of Burundi and the Foreign Investment Law of the People's Republic of China.The study of the Foreign Investment Law of Burundi is the topic of master's thesis,trying to explain the historical background of the foreign investment law of Burundi.With important significance,and by combing the basic content and main features of Burundi's foreign investment law,it analyzes the main problems and causes of the foreign investment law,and then puts forward some basic insights on how to further improve the Burundi foreign investment law.The Burundi Foreign Investment Law perfected to repay the public assistance and selfless care of the Burundian government,especially the Government of the People's Republic of China.The full text includes the following four parts in addition to the introduction:The first part elaborates the historical background and significance of the formulation of the foreign investment law of Burundi.First,it explains the historical background of the Burundi Foreign Investment Law:Burundi lacked the internal environment and external environment for the establishment of the foreign investment law in the pre-colonial and colonial periods,although it involved foreign investment in bilateral agreements with countries such as Germany.Some of the contents,but because the status of the parties to the agreement is extremely unequal,it is not a foreign investment law in the sense of national sovereignty.It was only after the declaration of independence in Burundi in 1962,especially after the country abolished the monarchy in 1966 and established a democratic state;it was able to establish the conditions for foreign investment law in the sense of true national sovereignty.The formulation of the Burundi Foreign Investment Law has not only legislative significance,but also has strong social and practical significance.The second part explains the basic content and main features of the Burundian Foreign Investment Law.The legal source of the Burundi Foreign Investment Law includes both the source of domestic law,that is,the Law of Investment Law,established by Burundi on August 6,1963.The legislature revised the Code four times.The last revision was September 10,2008,including The Burundian government has participated in international treaties and bilateral agreements involving foreign investment.The Burundi Foreign Investment Law has the following main features:first,granting foreigners the freedom to establish corporate and monetary investments in Burundi;second,non-discriminatory treatment for foreigners;and third,issuing visas to protect investors and foreigners from applying for residence visas.Freedom;Fourth,guarantee the property ownership of any natural or legal person without any discrimination;Fifth,foreign investors guarantee the free transfer of foreign capital and its income after paying taxes;sixth,provide a series of policy protection and encouragement for foreign investment.The third part analyzes the main problems and reasons of Burundi's foreign investment law.Compared with the Foreign Investment Law of the People's Republic of China,the Burundi Foreign Investment Law has at least the following problems:First,the foreign investment policy lacks the necessary transparency;second,there is no provision for special preferential treatment for foreign investors in a specific period;third,there is no clear regulation.Foreign businesspersons are obligated to earn foreign exchange through product export;fourth,there is no reasonable mechanism for solving foreign investment disputes;fifth,there is a lack of a comprehensive foreign investment insurance mechanism.The reasons for the above-mentioned major problems in the Burundi Foreign Investment Law are of course multifaceted,but the following reasons cannot be ignored;first,Burundi's openness to the outside world is limited;second,Burundi's business environment is not good;third,human capital is relatively weak.The fourth part focuses on the concept of perfecting the foreign investment law of Burundi.First,it must be fully based on the national conditions of the country;second,modernize the legal framework and coordinate with the East African Community(EAC);third,clearly define the areas in which foreign investors can invest,especially to encourage foreign investment;and fourth,reasonable for foreign investors.Preferential treatment;Fifth,improve the relief channels for foreign investment disputes;sixth,stipulate a commercial insurance system that is conducive to foreign investment.This ensures that the Burundi Foreign Investment Law plays its due role in attracting foreign capital,equipment and technology,and enhancing the country's economic strength.
Keywords/Search Tags:Burundi, foreign investment law, attracting foreign investment
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