scholarly journals On the Improvement of China’s Legal System of Foreign Direct Investment

2015 ◽  
Vol 8 (4) ◽  
pp. 293 ◽  
Author(s):  
Shu-Xue Jia

China has not enacted unified foreign direct investment code, and the legal system of foreign direct investment is composed of separate laws and numerous regulations and rules at both national and local level. The establishment of all foreign investment enterprises in China is subject to examination and approval of relevant authorities, only after which enterprises can be registered. The operation duration of equity joint ventures, contractual joint ventures and solely foreign-founded enterprises shall comply with relevant provisions of Chinese laws. The operation duration and disillusion of foreign-invested stock joint limited companies are subject to Chinese Company Law. The 2-track legislation model, under which foreign investment enterprises and domestic enterprises are governed by different laws and regulations, caused conflicts among different laws and difficulties in application of laws. To overcome the defaults China must enact unified law on foreign direct investment.

1997 ◽  
Vol 1 (1) ◽  
pp. 134-150
Author(s):  
Seon Bong Yu

Since 1979 when the process of economic reforms started, foreign direct investment in China has increased dramatically as substantial legal and economic reforms have made foreign direct investment more predictable and more profitable. It is very crucial for foreign investors to select a proper type of foreign direct investment to be successful in China. Although there are a number of types of foreign investment, including companies limited by shares, most foreign investment enterprises have taken the form of joint ventures. In practice, a major consideration that most foreign investors face is how to successfully conclude a joint venture contract in conjunction particularly with antitrust issues and laws governing joint ventures. Thus, this paper examines major types of foreign direct investment, focusing on joint ventures, and also analyzes legal considerations of joint venture contracts, emphasizing their significance in foreign direct investment.


2019 ◽  
Vol 33 (1) ◽  
pp. 5-34
Author(s):  
Mohammad Nsour

Abstract This article provides an analysis of outward foreign direct investment (FDI) trends from Turkey in light of the UAE’s interests. The key objective is to present a concise picture of Turkish FDI and of the opportunities within selected sectors in the UAE. Pursuant to this analysis, the article enumerates various challenges the UAE legal system poses to foreign investment. It then offers recommendations for how the UAE can mitigate these challenges without compromising its legal and economic regimes.


1998 ◽  
Vol 7 (4) ◽  
Author(s):  
Alena Zemplinerová

Nation-wide firm-level data are used for the time series and cross-section analysis of foreign direct investment in manufacturing on 2digit and 3digit industries. Dynamics of foreign investment enterprises (FIEs) are computed for the period 1993-1996. The performance of FIEs is compared with the domestic enterprises. Related policy issues ere discussed. <p>Although the share of foreign investment enterprises in the total manufacturing output doubled during the period 1993-96, with 23 % remains relatively low in comparison with Hungary where the respective share in output reached 67 % by 1996. Foreign penetration via equity ownership is low in the industries with excess capacities end need for extensive restructuring such as steel industry or large machinery, chemicals, coke end refinery. Allocation pattern of FIEs differs from domestic enterprises. Foreign investment is more specialised and concentrated than domestic enterprises.


Author(s):  
Taras Malyshivskyi ◽  
Volodymyr Stefinin

The article examines the relationship between attracting foreign capital in the form of foreign direct investment and ensuring economic development. In particular, the analysis of the current structure of the economy is indicated, its raw material character is pointed out and, based on other researches, the necessity of its reform is substantiated, as Ukraine will remain a low-income country if the current trend continues. This is due to the fact that countries with a raw material structure of the economy are characterized by a low level of economic complexity, and therefore are not able to generate high levels of income in society. As a result, the expediency of stimulating the attraction of investment resources into the country’s economy, in particular in the form of foreign direct investment, is substantiated. The dynamics of attracting foreign direct investment to Ukraine and a number of other countries for the period from 1991 to 2019 is analyzed and the key negative factors that deter foreign investors from investing in the economy of Ukraine are indicated. As a result of the analysis, divergent trends in the economic development of Ukraine and other analyzed countries (Poland, Czech Republic, Slovakia, Turkey, Romania, Hungary) were identified, which contributed to economic stagnation and restrained economic growth and development. Taking into account the analysis, as well as based on the concept of investment and innovation growth, it is proposed to use the experience of Israel to improve the country’s investment attractiveness and stimulate foreign capital inflows by adapting the Yozma program to Ukrainian realities. According to our estimates, the adaptation of this program to the Ukrainian economy will attract about $ 350 million over a five-year period of venture capital alone. In addition, programs such as YOSMA can also be implemented at the regional or even local level. We believe that the use of this tool will improve the investment attractiveness of the country, as well as provide sufficient financial resources to modernize the domestic economy and ensure rapid economic growth.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Van Ha ◽  
Mark J. Holmes ◽  
Gazi Hassan

PurposeThis study focuses on the linkages between foreign direct investment and the research and development (R&D) and innovation activity of domestic enterprises in Vietnam.Design/methodology/approachThe Heckman selection model approach is applied to a panel dataset of nearly 7,000 Vietnamese firms for the 2011–2015 study period to investigate the impact of foreign presence on the R&D of local firms through horizontal and vertical linkages. Probit model estimation is employed to examine how foreign investment influences the innovation activity of local companies.FindingsWhile there are a small number of firms carrying out R&D activities in Vietnam, foreign or joint domestic–foreign venture firms are less inclined than domestic firms to undertake R&D. Domestic factors that include capital, labor quality, location and export status of firm have a significant effect on the decision of domestic firms to participate in R&D activity. Only forward linkages and the gross firm output are found to have an impact on the R&D intensity of domestic enterprises, while other factors appear to have no significant influence on how much firms spend on R&D activities.Practical implicationsIn order to promote the R&D activity of domestic firms, policy should focus on (1) the backward linkages between local firms in downstream sectors with their foreign suppliers in upstream sectors, and (2) the internal factors such as labor, capital or location that affect the decisions made by domestic firms.Originality/valueGiven that foreign investment may affect R&D and innovation activity of local firms in host countries, the impact is relatively unexplored for many emerging economies and not so in the case of Vietnam. The availability of a unique survey on Vietnamese firm technology and competitiveness provides the opportunity to address this gap in the literature.


2016 ◽  
Vol 18 ◽  
pp. 22-24 ◽  
Author(s):  
Kamal Raj Dhungel

In Nepal, hydropower is an obvious target for foreign aid and foreign investment. To date, a number of notable hydropower projects were constructed through foreign aid and that history dates back to 1911, when the Britain supported the Pharping hydropower project near Kathmandu. Today, India, China, USA and Norway are investigating the prospects for Nepali hydropower development. This paper traces this history of Foreign Direct Investment (FDI) in Nepal. HYDRO Nepal Journal of Water Energy and EnvironmentVolume- 18, 2016, JanuaryPage -22 to 24


2013 ◽  
Vol 43 (2) ◽  
pp. 241-269 ◽  
Author(s):  
Maurício Mesquita Bortoluzzo ◽  
Sergio Naruhiko Sakurai ◽  
Adriana Bruscato Bortoluzzo

Foreign direct investment (FDI) has become increasingly important for the Brazilian economy: the ratio of FDI inflow to the country's gross domestic product (GDP) increased from a 0.6% average in the 1980's to 2.5% from 2001 to 2010, according to data from UNCTAD. However, there is great inequality in the distribution of this investment among Brazilian federation units. This study aims at investigating the determining factors for the location of foreign direct investment across Brazilian states, based on an econometric study with panel data for the years 1995, 2000 and 2005. The results showed that foreign investment responded positively to consumer market size, quality of labor and transport infrastructure, but negatively to cost of labor and tax burden.


2019 ◽  
Vol 22 (3) ◽  
pp. 83-98
Author(s):  
Janina Witkowska

The aim of this paper is to discuss new trends that have occurred in the policies of the EU and China towards foreign direct investment (FDI), to examine some implications of the EU‑China Comprehensive Agreement on Investment (CAI) – which is currently being negotiated – for their bilateral relations, and to assess the role which China’s “One Belt One Road’ (OBOR) initiative might play in its relations with the new EU Member States. The EU established freedom of capital movement with third countries; however, the introduction of the common investment policy has encountered some obstacles. These are related to investor protection and ISDS issues. In turn, China is carrying out an independent state policy towards foreign investment with limited liberalization of FDI flows. The negotiated EU‑China CAI is expected to create conditions conducive to bilateral foreign investment flows, and it might bring positive effects for their economies in the future. However, the progress made thus far in the negotiations is still limited. The relations between China and the new EU Member states (CEE countries) are characterized by common interests in the field of FDI flows. The new EU countries are interested in attracting Chinese FDI and seem not to show the fears that have arisen in the old EU countries.


Author(s):  
Larisa Germanovna Chuvakhina

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.


Sign in / Sign up

Export Citation Format

Share Document