欧盟外国直接投资法律若干问题研究
发布时间：2018-07-29 09:07
【摘要】：国际投资法是国际经济法的重要分支,欧盟的外国直接投资法律产生于国际投资法发展的进程中。因此,本文第一章从国际经济背景出发,讨论外国投资的定义,进而从历史与法律结合的角度深度剖析国际投资法以及欧盟外国直接投资法律的起源。继而对外国直接投资的定义以及欧盟关于外国直接投资的定义进行分析,予以界定,从而奠定行文基础。欧盟外国直接投资法律具有其特殊性,这一法律框架如何构成以及法律的制定、法律的形式都将予以详述。欧盟法律具有特殊性,最根本的在于欧盟权能与成员国权能的划分。《里斯本条约》的生效,改变了欧盟外国直接投资法律,主要表现在外国直接投资领域的权能从成员国转移到了欧盟。这一权能发生转移的原因,权能转移的具体表现,以及这一权能的基本原则究竟为何,将在第二章得到阐述。当然,权能转移之后,欧盟在这一领域权能的范围如何界定,与成员国权能具体划分界限问题也需要厘清。就投资领域而言,国家之间签订双边投资协定是最普遍的方式。欧盟双边投资协定缔结程序上具有其特殊性,各国双边投资协定范本也不尽相同,协定所涵盖的范围与内容更是千差万别,第三章将予以具体分析。一般投资协定中,不仅涉及外国直接投资的内容,还包含间接投资、投资组合等内容。欧盟如若将外国投资全部纳入投资协定,就需要成员国的授权。那么,对成员国现存投资协定效力而言,《里斯本条约》生效将产生怎样的影响,本章也将予以分析。欧盟-中国正在进行统一的双边投资协议谈判,一旦达成一致,未来将取代成员国与中国现有的双边投资协定,这是自《里斯本条约》将外国直接投资列为欧盟专属权限后,欧盟委员会首次提议开展单独的投资协议。本文最后一章将对这一谈判的背景进行分析,也即国际投资发展势头强劲以及欧洲经济衰退的宏观经济背景对谈判内容以及可能存在的问题进行预测,并分析中国与欧盟成员国现有投资协定,以期阐释《里斯本条约》生效所对欧盟外国直接投资法律以及中欧投资协定谈判产生的影响。
[Abstract]:International investment law is an important branch of international economic law. Therefore, the first chapter discusses the definition of foreign investment from the international economic background, and then analyzes the origin of international investment law and EU foreign direct investment law from the perspective of the combination of history and law. Then the definition of foreign direct investment and the definition of foreign direct investment in the European Union are analyzed and defined, so as to lay a foundation for the formulation. EU foreign direct investment (FDI) law has its particularity. How to constitute the legal framework and how to make the law, the form of the law will be described in detail. The EU law has its particularity, the most fundamental is the division between the competence of the EU and the competence of its member states. The entry into force of the Treaty of Lisbon has changed the EU's foreign direct investment laws. Power in the area of foreign direct investment has been transferred from member states to the European Union. The reason of this power transfer, the concrete manifestation of the power transfer, and the basic principle of this power will be explained in chapter two. Of course, after the transfer of power, how to define the scope of the EU's competence in this area, and the specific demarcation between the competence of the EU and its member states also needs to be clarified. In the field of investment, bilateral investment agreements between countries are the most common way. The conclusion procedure of EU bits has its particularity, and the model of bilateral investment agreements (bits) varies from country to country, and the scope and content of the agreements are very different. The third chapter will give a concrete analysis. General investment agreements involve not only foreign direct investment, but also indirect investment and portfolio. The EU needs the authorization of its member states to include all foreign investment in investment agreements. The impact of the entry into force of the Lisbon Treaty on the validity of existing investment agreements among member States will also be analysed in this chapter. The EU and China are in the process of negotiating a unified bilateral investment treaty, which, once agreed, will replace the existing bilateral investment agreement between member states and China in the future, since the Lisbon Treaty has made foreign direct investment the exclusive competence of the European Union. For the first time, the European Commission has proposed separate investment agreements. The last chapter of this paper will analyze the background of this negotiation, that is, the strong development momentum of international investment and the macroeconomic background of European economic recession to predict the content and possible problems of the negotiations. This paper also analyzes the existing investment agreements between China and the EU member states in order to explain the impact of the entry into force of the Lisbon Treaty on the EU foreign direct investment laws and the negotiation of the China-EU investment agreements.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D95;DD912.29
[Abstract]:International investment law is an important branch of international economic law. Therefore, the first chapter discusses the definition of foreign investment from the international economic background, and then analyzes the origin of international investment law and EU foreign direct investment law from the perspective of the combination of history and law. Then the definition of foreign direct investment and the definition of foreign direct investment in the European Union are analyzed and defined, so as to lay a foundation for the formulation. EU foreign direct investment (FDI) law has its particularity. How to constitute the legal framework and how to make the law, the form of the law will be described in detail. The EU law has its particularity, the most fundamental is the division between the competence of the EU and the competence of its member states. The entry into force of the Treaty of Lisbon has changed the EU's foreign direct investment laws. Power in the area of foreign direct investment has been transferred from member states to the European Union. The reason of this power transfer, the concrete manifestation of the power transfer, and the basic principle of this power will be explained in chapter two. Of course, after the transfer of power, how to define the scope of the EU's competence in this area, and the specific demarcation between the competence of the EU and its member states also needs to be clarified. In the field of investment, bilateral investment agreements between countries are the most common way. The conclusion procedure of EU bits has its particularity, and the model of bilateral investment agreements (bits) varies from country to country, and the scope and content of the agreements are very different. The third chapter will give a concrete analysis. General investment agreements involve not only foreign direct investment, but also indirect investment and portfolio. The EU needs the authorization of its member states to include all foreign investment in investment agreements. The impact of the entry into force of the Lisbon Treaty on the validity of existing investment agreements among member States will also be analysed in this chapter. The EU and China are in the process of negotiating a unified bilateral investment treaty, which, once agreed, will replace the existing bilateral investment agreement between member states and China in the future, since the Lisbon Treaty has made foreign direct investment the exclusive competence of the European Union. For the first time, the European Commission has proposed separate investment agreements. The last chapter of this paper will analyze the background of this negotiation, that is, the strong development momentum of international investment and the macroeconomic background of European economic recession to predict the content and possible problems of the negotiations. This paper also analyzes the existing investment agreements between China and the EU member states in order to explain the impact of the entry into force of the Lisbon Treaty on the EU foreign direct investment laws and the negotiation of the China-EU investment agreements.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D95;DD912.29
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