scholarly journals China’s New Foreign Investment Law and Its Contribution Towards the Country’s Development Goals

2021 ◽  
Vol 22 (3) ◽  
pp. 388-428
Author(s):  
Yawen Zheng
Keyword(s):  
Foreign Investment ◽  
Equal Treatment ◽  
Foreign Investments ◽  
Investment Promotion ◽  
Good Investment ◽  
Approval Procedure ◽  
Recent Reform ◽  
Development Goals ◽  
Post Entry ◽  
Incremental Step

Abstract This article analyses China’s new foreign investment legal regime and assesses its contribution to the country’s development goals. Fulfilment of the goals entails an increase in ‘good’ investment flows and more effective regulation and management thereof. This article finds that the reform makes some positive progress towards the development goals. First, administrative control over foreign investments is eased, since a less burdensome report mechanism is established, while foreign investments not included on negative lists are exempt from the approval procedure. Second, a new system is established to strengthen post-entry supervision of foreign investments. Third, equal treatment of foreign investments as well as investment promotion and protection are strengthened. Fourth, the rules have become clearer and more transparent. However, due to certain regulatory flaws, problematic implementation, and a lack of ambition, the progress may be slower than intended. Therefore, the recent reform is only an incremental step towards China’s development goals.

scholarly journals Administrative and Legal Principles of Foreign Investment in Ukraine

2019 ◽  
Vol 85 (2) ◽  
pp. 78-86
Author(s):  
H. O. Fedorov
Keyword(s):  
Foreign Investment ◽  
Local Level ◽  
Investment Project ◽  
Legal Regulation ◽  
Foreign Investments ◽  
Investment Activity ◽  
Legal Principles ◽  
Investment Promotion ◽  
Definition Of

The peculiarities of administrative and legal principles of foreign investment from the point of view of complex analysis have been considered, considering the current stage of historical development of the state system. Taking into account doctrinal research and own scientific achievements, it has been determined that nowadays it is extremely urgent to implement the whole set of practical measures aimed at achieving qualitative changes in the issues of attracting foreign investment and strengthening the control over the quality level of investments in the economy of Ukraine from the standpoint of administrative and legal principles. It has been determined and proved that it is expedient to apply the phased approach of administrative and legal regulation of foreign investment – two-step assessment of the quality of foreign investments. In particular, the investor should be evaluated at the first step. This means that the purpose and goals of his investment activity, as well as his investment, business and economic reputation must be assessed. The second stage begins with the evaluation of the investment project, the priority for the economic development of the territorial community, the level of innovation, environmental compatibility, payback period, value of investments, etc. The basis for this approach should be the system for evaluating the quality of the subjects and objects of the investment process. The result of applying this approach should be the definition of the quality of the investment project and definition of the priority for its implementation in accordance with territorial interests. In this regard, it would be appropriate to make a clear distinction between the functions and responsibilities of the institutions that are going to assess the quality of the investments. According to the author, it would be rational to expand the main directions of activity of the Ukrainian Center for Foreign Investment Promotion and to create a special department that would deal with the quality control over the relevant foreign investments coming to the Ukrainian economy. The same structures should be formed at the local level.

scholarly journals Introducing Investment Promotion: A Marketing Approach to Attracting Foreign Direct Investment

2019 ◽  
Vol 11 (4) ◽  
pp. 91
Author(s):  
Bamituni E. Abamu
Keyword(s):  
Foreign Investment ◽  
Marketing Research ◽  
Consumer Decision Making ◽  
Foreign Investments ◽  
Business World ◽  
Investment Policies ◽  
Academic Literature ◽  
Investment Promotion ◽  
Potential Benefits ◽  
National Governments

This paper introduces the concept of investment promotion, a form of marketing used by national governments to attract foreign investments into their country. While it is not a new concept, it barely makes it to academic literature. The paper brings investment promotion to the forefront for the purpose of creating a research interest in this topic and also contributes to the development of literature. It attempts to integrate investment promotion activities into already established marketing models and frameworks and set a marketing research agenda on the topic. Since attracting foreign investment is a policy and country situation issue, this paper will support and serve as a reference for governments as they design foreign investment policies and improve the attractiveness of their country as an investment destination using marketing tools. The paper first discusses the influence of marketing on investment promotion and how investors should be viewed as consumers who have needs to be satisfied. Various frameworks and concepts like the consumer decision-making process, market segmentation and marketing communications mix are discussed to show how they can be applied in investment promotion. The application of marketing concepts and theories has been beneficial in the business world, and this paper argues that there are potential benefits for countries who decide to apply the same concept and theories to attract investors.

International Aspects of Investment Liberalization in the PRC: A Case of EU-China Cooperation

2021 ◽  
Vol 13 (3) ◽  
pp. 190-224
Author(s):  
D. A. Potapov
Keyword(s):  
Foreign Investment ◽  
World Order ◽  
Special Focus ◽  
The European Union ◽  
Human Right ◽  
Foreign Investments ◽  
Eu Member States ◽  
International Aspects ◽  
The Eu

The paper examines the role of investment cooperation and national foreign investment regime as a means to promote China’s economic and political interests and to respond to new global challenges that the country faces nowadays. To this end, the author examines the main stages of China’s liberalization of the legal regime for foreign investment from the end of the 1970s with a special focus on a new foreign investment law. In doing so the author attempts to link the evolution of investment regulation in the PRC with the dynamics of international relations development and the changing role of China as a regional and global actor. The author emphasizes that a trend towards the emergence of a polycentric world order not only provokes the rise of international tensions but also provides new incentives to promote dialogue and enhance cooperation between states and non-governmental actors, particularly by encouraging foreign investments. At the same time, there is a growing need to improve regulatory mechanisms for direct foreign investments. All these contradictory trends have directly affected China’s foreign investment regime reform. In this context the investment cooperation between the PRC and the European Union is of particular importance. The EU possesses a set of innovative technological solutions and competencies that are of particular interest to the Chinese leaders in the context of their efforts to modernize the country’s economy. The paper examines the volume, dynamics and key directions of investment flows between China and the EU member-states. The fact that after seven years of difficult negotiations, the EU and China managed to develop a special bilateral regulatory mechanism — EU-China Comprehensive Agreement on Investment — underscores again the importance of this cooperation for both parties. Even though the EU has suspended the ratification of this deal on the pretext of human right violations in the Xinjiang Uygur Autonomous Region, the author concludes, that in the future this agreement will come into force, since the very logic of the emerging polycentric world order urges for deeper cooperation between the EU and China. In this context, the investment regulation appears not only as a means to protect the Chinese economic interests, but also as an instrument to strengthen China’s international positions in the changing global context.

scholarly journals Methods of Attracting Foreign Investments to the National Economy

2021 ◽  
Vol 07 (10) ◽  
Author(s):  
Nilufar Dilmurod qizi Zikirullaeva ◽  
Keyword(s):  
Foreign Investment ◽  
National Economy ◽  
Foreign Investments ◽  
World Community ◽  
Dynamic Development ◽  
The World ◽  
Modern Level ◽  
Investment Object

The implementation of innovative processes at the modern level and the dynamic development of the national economy on this basis today are impossible without the intensive attraction of foreign investment. The volume of foreign investment is one of the indicators characterizing the degree of integration of the country into the world community and depends on the attractiveness of the investment object. The following article is devoted to the ways of attracting foreign investment in the national economy.

scholarly journals FEATURES OF GLOBAL INVESTMENT POLICY: MODERN TRENDS AND PROSPECTS

2019 ◽  
pp. 142-148
Author(s):  
Larisa Germanovna Chuvakhina
Keyword(s):  
Foreign Direct Investment ◽  
Foreign Investment ◽  
Direct Investment ◽  
World Economy ◽  
International Investment ◽  
Investment Policy ◽  
Investment Promotion ◽  
The Us ◽  
The World

The article highlights the current problems of investments in the development of the world economy, when international investment needs are significantly high. The priority is given to the issues of investment resources for achieving the goals of sustainable development of the world economy. It has been stated that for creating the effective economic policy, the countries need to attract foreign investment. The current trends in the development of global market for foreign direct investment flows are examined. The flows of global foreign direct investment in 2017-2018 are analyzed. Special attention is given to the study of the US investment policy. The reduction in US investments into the Russian economy in terms of the sanctions policy against Russia is marked. The changes in the investment policy of the administration of D. Trump in terms of strengthening American protectionism are underlined. The issues of US-EU investment cooperation are considered. The role of the US Federal Reserve in regulating the activities of foreign companies in the US market is defined. The main decisions taken at the X World Investment Forum of the United Nations Conference on Trade and Development in October, 2018 are considered. The role of investment promotion agencies is defined as one of the tools to attract foreign investments into the country's economy. The decrease in the level of international investment and increased competition between countries for attracting foreign investment is stated. The study confirms that the investment attractiveness of the country, stability of the national financial system, and legal security of business play a decisive role in attracting foreign direct investment.

Musings on the legal framework for resolution of foreign investment disputes in Nigeria

2020 ◽  
Vol 6 (2) ◽  
pp. 251-259
Author(s):  
Princess Pat Ada Ajudua
Keyword(s):  
Foreign Investment ◽  
Service Providers ◽  
Legal Framework ◽  
Professional Service ◽  
Foreign Investments ◽  
Business Interests ◽  
Trade Dispute ◽  
Investment Arbitration ◽  
The Stability ◽  
Dispute Resolution Mechanism

Resolution of dispute arising from foreign investments in Nigeria is achieved through non-judicial and judicial mechanisms, otherwise known as arbitration and litigation in courts. Foreign investors are expected to seek redress using one of the aforementioned mechanisms. Although the principles of public international law seem to be in contention with the business interests of an investor and the host country, there has been a rapid growth and development in investment arbitration as a trade dispute resolution mechanism in the past years, and the courts in Nigeria, through her decisions, have made pronouncements regarding the disputes from foreign investments. Consequent to this, it has become critically important for investors, solicitors, professional service providers and trainers, to understand the intricate legal elements involved in the resolution of disputes involving foreign investment. This study examines the legal framework for resolution of foreign investment disputes in Nigeria. Concepts such as nationalisation and expropriation of foreign investments, stability clauses and foreign investment disputes, renegotiating and the stability of contractual agreement as well as legal infrastructure were discussed and fully analysed.

The legal guarantees to protect foreign investment in Jordan

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohamad Ali Helalat
Keyword(s):  
Host Country ◽  
Foreign Investment ◽  
Design Methodology ◽  
Foreign Investor ◽  
Foreign Investments ◽  
Content Type ◽  
Legal Principles ◽  
Bilateral Agreements ◽  
The Status ◽  
Investment System

Purpose This paper aims to indicate that the foreign investment system in Jordan includes many provisions that create an appropriate environment for encouraging foreign investments and grant a distinctive treatment for the foreign investor that allows them the status equal to the national investor. Design/methodology/approach This study deals with the protection provided by the Jordan Government for foreign investments to attract foreign investment by studying the guarantees given by Jordan including many legal principles that encourage investment. The legal guarantees for the foreign investor enhance the confidence of the foreign investor in the host country. Findings The system provides a lot of guarantees with respect to non-commercial risks to which the foreign investor may be exposed. Originality/value The paper also clarifies that the role played by bilateral agreements in the field of investments, as these agreements give foreign investments a measure of protection through the guarantees and they are considered as incentives for the investor.

8 Investment Promotion, Facilitation, Admission, and Establishment

2021 ◽  
Author(s):  
Salacuse Jeswald W
Keyword(s):  
Foreign Investment ◽  
First Century ◽  
Entry And Exit ◽  
Foreign Nationals ◽  
Investment Promotion ◽  
Investment Treaty ◽  
Treaty Negotiations ◽  
The Right ◽  
Internal Barriers ◽  
Investment Facilitation

This chapter assesses investment promotion, facilitation, admission, and establishment. International law recognizes that by virtue of its sovereignty a state has the right to control the entry and exit of persons and things into and from its territory and also to regulate the activities of nationals or foreign persons and companies within that territory. A corollary of that principle is that a state is not required to allow foreign nationals or companies to establish or acquire an enterprise or investment within its territory. With respect to foreign investment, states have complete legislative jurisdiction to determine to what extent foreign nationals and companies may undertake investments, which sectors and industries they may or may not enter, and whether or not they must fulfil additional conditions in order to undertake and operate an investment within state territory. Numerous factors have shaped individual countries' attitudes towards foreign investment and investment treaty negotiations. One of the traditional aims of the investment treaty movement has been to reduce these internal barriers to foreign investment, particularly through treaty provisions on investment promotion, admission, and establishment. The second decade of the twenty-first century witnessed a growing emphasis in both international discussions and a few treaties on a new concept: foreign investment facilitation.

scholarly journals Chinese Investments in Serbia—A Joint Pledge for the Future of the New Silk Road

2017 ◽  
Vol 7 (1) ◽  
pp. 64-83 ◽  
Author(s):  
Duško Dimitrijević
Keyword(s):  
Development Strategy ◽  
Foreign Investment ◽  
Transition Process ◽  
Silk Road ◽  
Foreign Investments ◽  
Economic Relations ◽  
Multilateral Cooperation ◽  
Cooperation Mechanism ◽  
World Markets ◽  
National Economic

Abstract Following the political changes in 2000, Serbia has rapidly started to catch up with the countries of Central and Eastern Europe in various aspects of the transition process. One of these very important aspects were foreign investments, both ‘direct’ and ‘portfolio’ ones, that had a significant impact on the development of Serbian economy by recovering economic structure and raising competitiveness in world markets, followed by improving the balance of payments and technological, scientific and managerial base. Foreign investments as an “economic engine” enable accelerated realization of national economic goals which include re-industrialization and renewal of industrial capacity. The openness of the Serbian market and the lack of financial resources allow China and other states concerned under favourable conditions invest in the development of Serbian economy. In this way, Chinese investments have become a driving force for the promotion of economic and other relations between the two countries. On the other hand, however, Chinese investments have proven to be an ideal test for the realization of the objectives of the development strategy of the ‘New Silk Road’ which among other things include the improvement of China’s position on world markets, including the EU market. For the proper understanding of Sino-Serbian relations, this study first gives a short explanation of the Chinese strategy of the New Silk Road. Then, it includes an analysis of Serbia’s position towards China. Analysis of the development of Serbian-Chinese economic relations, especially in the field of foreign investment and within the framework of multilateral cooperation mechanism ‘16+1’, occupies the central part of the study. The study concludes with an evaluation of comparative advantages and certain disadvantages for the Chinese foreign investment in Serbian economy, which in itself has certain significance for the realization of the New Silk Road strategy.

8 Investment Promotion, Admission, and Establishment

2015 ◽  
Author(s):  
Salacuse Jeswald W
Keyword(s):  
Foreign Investment ◽  
Foreign Nationals ◽  
Investment Promotion ◽  
Sovereign Authority ◽  
Internal Barriers ◽  
State Territory

This chapter begins with a brief discussion of how states exercise their sovereign authority to develop policies and laws that govern the admission and operation of foreign investment. States have complete legislative jurisdiction to determine to what extent foreign nationals and companies may undertake investments, which sectors and industries they may or may not enter, and whether or not they must fulfil additional conditions in order to undertake and operate an investment within state territory. The chapter then explains treaty provisions on investment promotion, admission, and establishment, by which the treaty movement has sought to achieve one of its aims, ie reducing internal barriers to foreign investment.

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