A Comparative Study of the PRC’s Model Bilateral Investment Treaty and Its Law on Protection of Investment by Compatriots from Taiwan

• Main Authors: Yen-yu Chen, 陳彥佑
• Other Authors: Shuh-ren Mao
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/75712567350079827430

碩士 === 國立中正大學 === 法律所 === 94 === This research would analyze the changing interactions between the world economic environment and the needs of nation-states in the following subsequences. First, this paper introduces the new development of world-wide economic globalization and the change of international investment law. Second, this paper examines the uprising of regional economic integrations and its influence. Third, this paper inspects the investment and trade situations and problems between the Taiwan Strait since the 1980s. And last, this paper studies the development policies of the ROC government in accordance with the above-mentioned backgrounds. Technology and innovation lead to waves of globalization. This also changes the ways how international business are conducted. Generally, technologic innovation in transportation, computer and communication results in the so-called time-space compression. This advance creates a whole new international production network. Transnational corporations use this opportunity to establish their own network through the use of foreign direct investment (FDI). And the economic relation between the Taiwan Strait is of no exception. Due to such a trend, the main stream of Taiwanese politics and academic opinions is for the two governments to sign a bilateral investment treaty. This research would review all the arguments from the two sides included some international debates. Based on previous studies, this research would look at this subject from five aspects: first, the change and development in international investment law; second, the change of the Chinese legal system; third, the view from international political economy; forth, the economic and political relations between the Taiwan Strait; and fifth, the needs for the Taiwanese government to adapt its national policies accordingly. Finally, this research would provide 19 points of proposals to improve the thinking between the Strait on this subject. Five conclusions would be presented in order to give the concerned governments, businesses and people advice. Consequently, we hope this study could advance a cross-strait peaceful interaction and generally benefit all the people on both sides.