国际经济法精品教学（马迁）Lecture 20 Part III Intl Investment Law 2.pptVIP

Part III Intl Investment Law Part III International Investment Law MA Qian maqian@zzu.edu.cn Contents General introduction Legal forms of international investment Domestic laws on international investment International laws on international investment Legal Forms of International Investment Joint ventures Cooperative enterprises Foreign capital enterprises (FCE) International cooperative development and construction Joint Ventures Joint venture (合资经营企业, 合营企业) is a form of enterprises where the parties to the venture shall share the profits, risks and losses in proportion to their contributions to the registered capital. International joint venture Characteristics: The parties to the venture belong to at least two different countries Common investment Joint management Share of profits, risks and losses Joint Ventures (cont’d) Legal status Partnership (合伙): common law countries Juridical person (法人): civil law countries “Combination of economic interests” (“经济利益的组合”): dual characteristics of partnership and juridical person, e.g., France, Kuwait, etc. 《发展中国家合营企业协议指南》: two types: equity joint venture (股份式合营企业) : e.g., China’s Chinese-Foreign EJV Law contractual joint venture (契约式合营企业) : e.g., China’s Chinese-Foreign CJV Law Joint Ventures (cont’d) Organizational forms company or partnership; both advantages and disadvantages; choice depends upon circumstances The legal status and organizational forms of Chinese-Foreign EJV Chinese-Foreign EJV Chinese juridical person (Art. 2, Implementation Regulations); limited liability company (Art. 4, CFEJV) Foreign Investment Stock Company (外商投资股份有限公司) Chinese juridical person; stock company Cooperative Enterprises Contractual joint ventures: two broad categories: Cooperative business without forming an entity: based on cooperative contract Cooperative business in the form of an entity: cooperative enterprises (also based on cooperative contract) Legal status of cooperative enterprises generally regarded a