China’s Investment Law Reform: Revolution or Evolution?
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서지정보
ㆍ발행기관 : 이준국제법연구원
ㆍ수록지정보 : China and WTO Review / 7권 / 1호
ㆍ저자명 : Lapteva Anna, Skvortsov Oleg
ㆍ저자명 : Lapteva Anna, Skvortsov Oleg
목차
1. Introduction2. Political Background for Adoptingthe Foreign Investment Law
3. Main Ideas of the Foreign Investment Law
A. Openness
B. Equality of Foreign and Domestic Investors
C. Protection of Intellectual Property Rights of Foreign Investors
D. Centralization of the Legal Regulation of Investment Activity
E. Attraction of New Technologies
4. Legal Reforms
A. General Provision
B. List of Investment Sectors
C. Corporate Regulation
D. Contract Investment
E. Registration System of Investment Projects
F. Foreign Investments in the Stock Market
G. Political Obligations as a Source of Regulation
H. Methods of Protecting the Rights of Foreign Investors
5. Conclusion
References
영어 초록
This study describes and analyses the recently adopted foreign investment law (the Law) of China. First, this paper presents reasons for the adoption of the Law. For example, we focus on the trade war between the US and China, which has greatly affected the adoption of the Law. The political background that influenced the adoption of the law is revealed. Of note, legal techniques used by the Chinese legislators in the Law are evaluated. For example, a list system for investment sectors is used, which divides all industries into categories with a special regime. This system divides all industries into four categories: (1) encouraged, (2) permitted, (3) restricted, and (4) prohibited. In conclusion, this study emphasizes that changes achieved by the Law are not revolutionary. Some of the consequences that the adoption of the law entails is analyzed. Thus, the Law represents a gradual evolution in how foreign investors access the Chinese economy.참고 자료
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