摘要
全球经济一体化的热潮带动了多边投资立法的兴盛,西方发达国家经过几年努力制定的MAI草案就是一个具有高度自由化性质的多边投资条约。尽管MAI谈判最终以失败告终,但却给后续的投资谈判积累了宝贵的经验。后金融危机时代,"跨太平洋战略经济伙伴关系协定"(TPP)谈判在亚太地区迅速推进,其涵盖内容之广,谈判程度之复杂,引起了各方的高度关注。本文立足于MAI谈判的经验教训,重点剖析MAI草案与TPP投资核心规则的异同,通过总结TPP谈判成功的经验,以期对中国应对TPP有一定的借鉴意义。
The boom of the Global economic integration has led to the flourishing of multilateral legislation. The draft of MAI which developed by western developed countries through several years efforts was a Multilateral Investment Treaties with a high degree of liberalization in nature. Although MAI negotiations ultimately failed,it still accumulated valuable experience for subsequent investment negotiations. Among the financial crisis era,＂Trans- Pacific Strategic Economic Partnership Agreement＂（ TPP） negotiations has got a rapid progress in the Asia Pacific region. It has a wide content,with the complexity of negotiation,which has already attracted the attention of all parties. This article is based on MAI negotiation,mainly focusing on the similarities and differences of the core rules between MAI and TPP,then summarize the lessons learned from TPP investment negotiation,and finally analysis the challenges and impacts of TPP,looking forward to get certain significances for China.
出处
《河南司法警官职业学院学报》
2015年第4期80-83,共4页
Journal of Henan Judicial Police Vocational College
