Research On The Legal Rules Of Investment Facilitation Under The Framework Of China-ASEAN Free Trade Area

With the acceleration of global economic integration,the topic scope of international economic and trade rule reform has also expanded from "border measures" to "post border measures",and investment facilitation is one of the key issues.The same is true for the implementation of the upgrading strategy of China-ASEAN Free Trade Area.In the process of cross-border investment,all activities of foreign investment are embedded in the domestic of the host country,and its costs and benefits will also be deeply affected by the domestic investment environment of the country.Therefore,building an open,transparent,efficient and sustainable domestic investment environment has recently become the focus of attention of all countries.However,the inclusion of facilitation related rules in international investment treaties not only enhances the attractiveness of domestic foreign investment,but also means that the cooperation between contracting states in international investment supervision is deepening,and the scope of rules will be extended to relevant domestic policy areas.This not only requires a higher degree of economic openness of the State Party,but also challenges the domestic business environment and government governance capacity of the State Party.Therefore,for China and the ten ASEAN countries,which are all developing countries,it is very important to clarify the level of investment facilitation obligations they should undertake in the treaty.From the perspective of relevant practices at the level of China-ASEAN Free Trade Area,although the exploration of investment facilitation practice started early,it has not formed a perfect rule system so far.In view of this,this paper takes the legal rules of investment facilitation under the framework of China-ASEAN Free Trade Area as the research object,analyzes the shortcomings,and then puts forward countermeasures to improve the relevant rules from China’s position.This paper consists of introduction,body and conclusion.The body is divided into four parts.The first part mainly interprets the connotation of investment facilitation in combination with the exploration of investment facilitation in international organizations such as APEC,the organization for economic cooperation and development and the United Nations Conference on Trade and development,as well as the contracting practice of various countries.At the same time,it combs and summarizes the investment facilitation rules in the international investment treaties under the framework of China-ASEAN Free Trade Area,so as to confirm the scope of the rules to be studied in this paper.The second part makes a detailed interpretation of the specific contents of the legal rules of investment facilitation in the bilateral investment agreements,regional investment agreements and free trade agreements including investment chapters signed between China and ASEAN countries,analyzes the legal connotation,and clarifies the treaty obligations that the contracting parties need to undertake in terms of investment facilitation.The third part discusses the deficiencies of the relevant legal rules on investment facilitation under the framework of the current China-ASEAN Free Trade Area Based on the global action list on investment facilitation issued by the United Nations Conference on Trade and development.The fourth part mainly puts forward countermeasures to the improvement of rules from the perspective of China.Combined with China’s current dual identity in the field of international investment,as well as the domestic laws on investment facilitation and the practice of concluding treaties with foreign countries,explore the direction of China’s efforts to upgrade the rules of investment facilitation under the framework of China-ASEAN Free Trade Area in the future.