Chapter 3 Introduction of international investment Law of the host and homestatesOutline1,the definition of legal system theinternational investment law and thelegal system1,1 the definition of the internationalinvestment law of the host states1,2 the system of the international investment law of the mother states2,the legal questions of the international investment laws of host and mother statesTime; Unit 2Education methods; case study and the comprehensive methods________________________________________________________Section1 International investment laws of the host states1,introduction of the international investment of the host statesThe laws system of the international investment, as an important section of theinternational laws of the host states, increased in recently. The host states of the lawsare to regulate the international investment and manage the international investmentsamong the foreign traders. For the laws of the international investment, the host stateslaw, there are three classifications of the laws of the host states. a, there is the specialsystem of the international investment laws of the host states. b, in the host states,there is no regulations of the international investment, c, there is no law system of theinternational investment. c, there are separate laws of the international investmentslaws. eg, in the U.S., there is nospecial law to regulate to theinternational investments because ofthe U.S. economy positions.2,the features of the internationalinvestment laws of host statesAs the developed states, the featuresof the international investment laws of host states are as follows: the open freely allthe times, the capital import are no restricted in the commercial areas. The restrictedareas are wide recently. c, the restricted areas of the international investment laws areunavailable. See the materials of the textbooks in the Chinese. For China internationalinvestment of the laws, there is feature as follows: China has a kind of the marketeconomy system and permit to establish the joint venture in the special areas. Toachieve the purpose of the international investment and China open polices, there arefive special areas of industry to be established in the city, eg, zhuhai and shenzheng.For China investment laws of the principles, the basic principles of the investment todevelop the China economy under these requirements: firstly, under the principles offair, the parties of the contracts are protected, in the special matters and the areas ofthe international investment, there is restricted and the international treaties areadopted.3, the condition of the international investment for host states1
When you research the international investment of the host, the condition of theinternational investment is the first matter of the dealing with in the internationalinvestment. a, the sphere of theinternational investment of the hoststates. At present of the policy, there isthe catalogue for the guidance offoreign investment industries. In thecatalogue, there are four catalogue ofthe international investment of thedirections: encouraged projects, restricted projects, prohibited projects, and so on. Ifyou have interesting in the international investment, please see the materials of theinternational direction of the foreign investment, eg, the prohibited project is relatedto the catalogue of the project: the damaged projection and the damage public theinterests and made pollution of the environment. The procedure of the project of theinternational investment divides into two sections of the international investment. Theexamination procedure and the procedure of the approval are very important of theinternational investment. The function and the purpose of the international investmentare requirement of principles of the sovereignty states. In China, the purpose ofexaminations and the approval of the international investment are very different fromthe projects and the fees of the projection.4, the management of the foreign enterpriseUnder the principles of the sovereignty states, the host government has rights tomanage the foreign enterprise that is located within the territory of the host state. Inthis section of the management of the enterprise, the matters of the managements is asfollows:A, the purchasing and the sale goods, I this section, the goods of the enterprise areinternational payment. Another section of themanagement is labor relationship and thebenefit of the enterprise. In the section of thelabor relationship is as follows: the tax of theworks, the employment of the internationalenterprise. If the disputes to arise among the enterprise and the employee and the tortof the case, they are foreign case that involves case.5, the international investment polices and the protectionTo protect the benefit of host state and the domestic industry, the host governmentswill take measures of the protections of foreign international investment. The legalissue is the nationalization and the capital insurance of the capital of the internationalinvestment that are very academic interesting. The developing countries shall like totake a lot of measures to develop the domestic economy. So the polices of theinternational investment are very advantages. If you are a tax practitioner of tax, theadvantages of the tax are very wide for the international investment. Please see therelevant materials in the textbooks of the international investments.2
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