建立欧盟投资协定若干法律问题研究
发布时间：2019-06-21 18:23
【摘要】：随着经济全球化的发展,资本在全球范围内更频繁地流动,这给各国对外国直接投资的管理提出了新的挑战。各国将面临这样一种选择,是继续采取单边、双边方式或在区域性的组织内制定外国直接投资规则,还是共同努力以制定一个全面的多边投资协议。目前来看,制定一个全球性的统一的多边投资协定还存在一定困难,使得区域性投资协定有了发展空问。欧盟作为世界上最大的区域性经济一体化组织,其有关投资的法制也有了新的发展。欧盟成立至今,已有许多共同政策,如共同农业政策、共同的商业政策,面对全球投资热潮,建立共同的投资政策成为欧盟面临的主要问题,特别是《里斯本条约》在实现欧盟共同投资政策的道路上迈出了重要一步,虽然该条约并没有真正实现一个统一的共同投资政策,而欧盟投资法是一个多边的区域投资协定,对它进行研究,可以为全球的多边投资条约提供一个借鉴,这对统一的国际投资规则的制定有一定影响。《里斯本条约》授予欧盟对于外国直接投资事务的排他性管辖权,今后欧盟将作为一个整体与第三国缔结投资协定,同时欧盟开始着手布局共同投资政策,欲对有关投资的问题进行立法规制。若拟出一部欧盟自己的投资协定,并将该条约“欧洲化”,使其具有欧盟法效力,势必会对欧盟区域组织乃至世界产生深远影响。本文就在此法律设想的基础上,探索建立欧盟投资协定涉及的几个重要问题,欲图对欧盟对外投资法制建设提出规划性借鉴。 国际投资协定涉及的主要内容一般为投资主体、投资范围、投资类型、投资待遇、争端解决机制等,一部完整的投资协定势必要涉及到这些关键内容,而一部完善的投资协定牵涉的法律问题更为广泛,如何处理投资与环境的关系、如何解决投资与人权的保护问题、如何避免投资构成对国家经济主权的威胁等等,这些已经成为国际投资法制新近产生和关注的热点议题。所以,建立欧盟投资协定需要综合考虑投资与上述相关因素的权衡关系。本文就是从归纳、分析的角度来讨论建立欧盟投资协定这一法律设想所需要解决的基本理论问题和关键性法律问题,对欧盟投资协定的性质、法律渊源、建立可行性及建立的意义都进行了深入分析,并结合国际投资发展的最新趋势,提出协定建立所需要解决的几个关键性法律问题,并针对这些问题拟出相应对策,以期对欧盟投资法制发展有所借鉴。 通过研究,得出如下结论：建立欧盟投资协定具有一定可行性,其存在所面临的法律问题也可以通过法律条文规定予以解决,这些都可以为欧盟投资协定的建立提供理论支持。所以,论文讨论的主题具有新颖性,涉及的内容具有多样性,得出的结论也具有可行性。
[Abstract]:With the development of economic globalization, capital flows more frequently around the world, which poses a new challenge to the management of foreign direct investment (FDI). Countries will face the option of continuing to develop foreign direct investment rules unilaterally, bilaterally or within regional organizations, or to work together to develop a comprehensive multilateral investment agreement. At present, there are still some difficulties in formulating a global unified multilateral investment agreement, which makes the development of regional investment agreement. As the largest regional economic integration organization in the world, the legal system of EU on investment has also made new progress. Since the establishment of the European Union, there have been many common policies, such as the common agricultural policy, the common commercial policy, the establishment of a common investment policy in the face of the global investment boom, the establishment of a common investment policy has become the main problem facing the European Union, in particular, the Lisbon Treaty has taken an important step in the realization of the EU common investment policy, although the treaty has not really achieved a unified common investment policy, The EU investment law is a multilateral regional investment agreement, and the study of it can provide a reference for the global multilateral investment treaties, which has a certain impact on the formulation of unified international investment rules. The Lisbon Treaty gives the EU exclusive jurisdiction over foreign direct investment matters, and in the future the EU will conclude investment agreements with third countries as a whole. At the same time, the EU began to lay out the common investment policy, in order to regulate the investment issues. If an investment agreement of the European Union is drawn up and the treaty is "Euronized" so that it has the legal effect of the European Union, it is bound to have a profound impact on the EU regional organizations and the world at large. On the basis of this legal assumption, this paper explores several important issues involved in the establishment of EU investment agreement, and tries to put forward a planning reference for the construction of EU foreign investment legal system. The main contents of IIAS are generally the main body of investment, the scope of investment, the type of investment, the treatment of investment, dispute settlement mechanism and so on. A complete investment agreement is bound to involve these key contents, while a perfect investment agreement involves more extensive legal issues, how to deal with the relationship between investment and environment, and how to solve the protection of investment and human rights. How to avoid the threat of investment to national economic sovereignty and so on has become a new hot topic of international investment legal system. Therefore, the establishment of EU investment agreement needs to consider the trade-off relationship between investment and the above related factors. This paper discusses the basic theoretical and key legal problems to be solved in the legal assumption of establishing EU investment agreement from the point of view of induction and analysis, analyzes the nature, legal origin, feasibility and significance of EU investment agreement, and puts forward several key legal problems to be solved in the light of the latest trend of international investment development. In view of these problems, the corresponding countermeasures are drawn up in order to draw lessons from the development of EU investment legal system. Through the study, the following conclusions are drawn: the establishment of EU investment agreement is feasible, and the legal problems it faces can also be solved through legal provisions, which can provide theoretical support for the establishment of EU investment agreement. Therefore, the topic discussed in this paper is novel, the contents involved are diverse, and the conclusions are feasible.
【学位授予单位】：广西师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996.4
本文编号：2504270
[Abstract]:With the development of economic globalization, capital flows more frequently around the world, which poses a new challenge to the management of foreign direct investment (FDI). Countries will face the option of continuing to develop foreign direct investment rules unilaterally, bilaterally or within regional organizations, or to work together to develop a comprehensive multilateral investment agreement. At present, there are still some difficulties in formulating a global unified multilateral investment agreement, which makes the development of regional investment agreement. As the largest regional economic integration organization in the world, the legal system of EU on investment has also made new progress. Since the establishment of the European Union, there have been many common policies, such as the common agricultural policy, the common commercial policy, the establishment of a common investment policy in the face of the global investment boom, the establishment of a common investment policy has become the main problem facing the European Union, in particular, the Lisbon Treaty has taken an important step in the realization of the EU common investment policy, although the treaty has not really achieved a unified common investment policy, The EU investment law is a multilateral regional investment agreement, and the study of it can provide a reference for the global multilateral investment treaties, which has a certain impact on the formulation of unified international investment rules. The Lisbon Treaty gives the EU exclusive jurisdiction over foreign direct investment matters, and in the future the EU will conclude investment agreements with third countries as a whole. At the same time, the EU began to lay out the common investment policy, in order to regulate the investment issues. If an investment agreement of the European Union is drawn up and the treaty is "Euronized" so that it has the legal effect of the European Union, it is bound to have a profound impact on the EU regional organizations and the world at large. On the basis of this legal assumption, this paper explores several important issues involved in the establishment of EU investment agreement, and tries to put forward a planning reference for the construction of EU foreign investment legal system. The main contents of IIAS are generally the main body of investment, the scope of investment, the type of investment, the treatment of investment, dispute settlement mechanism and so on. A complete investment agreement is bound to involve these key contents, while a perfect investment agreement involves more extensive legal issues, how to deal with the relationship between investment and environment, and how to solve the protection of investment and human rights. How to avoid the threat of investment to national economic sovereignty and so on has become a new hot topic of international investment legal system. Therefore, the establishment of EU investment agreement needs to consider the trade-off relationship between investment and the above related factors. This paper discusses the basic theoretical and key legal problems to be solved in the legal assumption of establishing EU investment agreement from the point of view of induction and analysis, analyzes the nature, legal origin, feasibility and significance of EU investment agreement, and puts forward several key legal problems to be solved in the light of the latest trend of international investment development. In view of these problems, the corresponding countermeasures are drawn up in order to draw lessons from the development of EU investment legal system. Through the study, the following conclusions are drawn: the establishment of EU investment agreement is feasible, and the legal problems it faces can also be solved through legal provisions, which can provide theoretical support for the establishment of EU investment agreement. Therefore, the topic discussed in this paper is novel, the contents involved are diverse, and the conclusions are feasible.
【学位授予单位】：广西师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996.4
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