国际投资协议中的母国措施研究-法学·国际法学专业论文.docxVIP

ABSTRACTMost ABSTRACT Most intemational negotiations on foreign direct inVestment(FDI) focus on issues inVolVing the paired relationship between transnational co印orations(TNCs)and host count“es．TNCs desire access to foreign resources and markets to f．urther their strategic global business objectiVes． Host countries desire FDI that promotes national economic and social obljectiVes．】Ⅵany host countries，including deVeloping countries，adopt measures to attract FDI by’for example，improVing their regulato叫 framework for FDI， enhancing educational programmes， or of诧ring incentives．In reality’howeVer’it does not only inVolVe TNCs and host countries． Home countries also innuence FDI nows， including the relatiVe prospects that their TNCs will select deVeloping country investment sites．The thesis ca盯ies out a study on proVisions inVolVing home count叫measures(HCMs)in existing intemational a伊eements related to investment and presents some suggestions as to how to improVe HCMs in international inVestment a伊eements(IIAs)and promote FDI flow to the developing countries． This thesis consists of four parts： Part I discusses the identmcation of HCMs．It focuses on me classification of HCMs and analyzes me character of HCMs in international agreements． Part II reveals defects of existing HCMs in international community It makes an in—depth analysis on proVisions inVolVing HCMs in existing intemational a乒eements as well as practices of institutions in deVeloped countries，and analyzes defects of existing HCMs． II Pan Pan III expatiates countermeasures to improVe provisions inVolVing HCMs in IIAs． In this part， t11e author presents some suggestions concerning the improvement of proVisions regarding HCMs in IIAs． Part V makes an obj ectiVe analysis of the attitude towards HCMs which should be adopted by China．It analyzes how does China deal with problems related to HCMs as a host country and a home count叫． KEY WORDS： Home Country Measures， Intemational Investment Agreement，Foreign Direct I