Li Yumei, Li Jiguang:
The negotiation of bilateral w88 login agreements between China and the United States and China and the European Union has become the two major starting points for China to participate in the game of w88 login rules
(Source: "People's Daily"2014Year3month24日)


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Data source: Ministry of Commerce, National Bureau of Statistics, State Administration of Foreign Exchange, "2012Annual Statistical Bulletin of China’s Foreign Direct w88 login”. United Nations Conference on w88 and Development《2012World w88 login Report". |
Currently, the globalization of w88 login has become more prominent. Since the global multilateral w88 login rules system has not yet been established, the issue of market access is even more sensitive. Many countries are reconsidering their positions and demands, and new trends are emerging in the evolution of international w88 login rules
As China becomes a major international w88 login country, it should play a greater role in formulating international w88 login rules. Actively promote China-US and China-EU bilateral w88 login agreements (BIT) Negotiation is a strategic choice for China to adapt to the change from an international w88 power to an international investment power and actively participate in the formulation of international investment rules. It can also create new dividends of opening up and reform.
The construction of the China (Shanghai) Pilot Free w88 Zone is a major measure for China to promote reform and opening up under the new situation. Only by firmly grasping the internationally accepted rules can we speed up the formation of a basic institutional system and regulatory model that is connected with international investment and w88 rules. This will not only give full play to the decisive role of the market in resource allocation, but also better play the role of the government. A high degree of investment liberalization will inevitably bring risks. The construction of the China (Shanghai) Free w88 Zone will accumulate management experience for risk control, especially preventing systemic risks, cultivating a team of managers to manage investment liberalization, adapting to the requirements of changes in international investment rules in the new round of economic globalization, sharing greater benefits in globalization, and enabling China's economy to continue to develop steadily and rapidly.
China and the United StatesBITNegotiation: China needs to balance its actions“Capital importing country”and“Capital exporting country”’s interests
China-US Bilateral w88 login Agreement (BIT) Negotiation begins2008Year6Month, due to the United States’BIT(2004) The negotiations were stalled for a while. USABIT(2012) After the release of the template, China and the United States resumed negotiations.
2013Year7month12日, the spokesperson of the Chinese Ministry of Commerce stated that China agreed to conduct substantive negotiations on an w88 login agreement with the United States based on pre-establishment national treatment and a negative list. The so-called pre-establishment national treatment refers to the treatment given to foreign investors and their investments at the stages of enterprise establishment, acquisition, expansion, etc. that is no less favorable than that of domestic investors and their investments. The negative list means that all management measures for foreign w88 login that are inconsistent with national treatment, most-favored-nation treatment, or performance requirements, executive requirements, etc. are listed in a list. The foreign w88 login management model of pre-establishment national treatment and negative list has gradually become the development trend of international w88 login rules. At least there are77countries have adopted this model. China agrees to adopt this model to adapt to the needs of international development trends. It is consistent with the direction of the reform of the administrative approval system that my country is advancing. It is conducive to creating a fair competitive market environment for enterprises of all types of ownership, stimulating the vitality of market entities, and promoting economic development.
2014Year1Month, China and the United StatesBITThe eleventh round of negotiations has ended, and text negotiations have officially begun.
Determining the content of the negative list will be the focus of text negotiations. USABITThe most distinctive feature of the negotiations is its commitment to promoting a high level of w88 login liberalization and providing high standards of w88 login protection for U.S. rights and interests overseas. Since China and the United States are at different stages of economic development, have different political structures, and have different interests, fully reciprocal opening up and negative lists are unfavorable and unreasonable for China. During the negotiations, China advocated determining the contents of the negative list and exceptional measures based on its own level of economic development.
In addition, China and the United States also have major differences on issues such as fair competition, protection of w88 login rights and interests, and exchange of interests. In terms of fair competition, the United StatesBIT(2012) The model advocates the principle of competitive neutrality and emphasizes that state-owned enterprises should be in the same external environment as private enterprises to ensure that they compete fairly under the same market conditions. However, our country’s social system is different from that of the United States, and it is impossible to fully accept the United States“Competitive Neutrality”'s principles.
In terms of w88 login rights protection, it mainly involves foreign exchange transfers (related to the opening of capital projects), financial services (mainly financial prudential exceptions), collection and compensation, tax preferences and performance requirements, and policy transparency issues. Among them, regarding foreign exchange transfers, the United StatesBITThe template requires that foreign exchange, including current accounts and capital accounts, can be transferred unconditionally and freely, but currently my country's capital accounts are not fully open. In terms of interest exchange, that is, how much market access my country can grant to the United States, what market access it will allow, and what market access it requires from the United States, so as to safeguard China's interests to the maximum extent and negotiate a high-level w88 login agreement. This requires strategic decisions.
The future is advancing China and the United StatesBITDuring the negotiation process, China must take both actions into consideration“Capital importing country”and“Capital exporting country”’s interests, and at the same time, we must treat the United States with cautionBIT(2012) The impact of the high-level w88 login liberalization promoted by the model.
First of all, the formulation of a negative list is a process of discovering real needs. Relevant departments need to conduct an in-depth study of the US negative list and fight for the rights and interests of our investors. Secondly, ensure fair competition in accordance with domestic laws. Third, improve international w88 login protection treatment standards and prevent excessive liberalization of capital accounts. During the negotiations, the United States should be required to provide a level playing field on the basis of non-discrimination principles for enterprises of all types of ownership, including applying non-discrimination principles to China's state-owned enterprises and sovereign wealth funds. Fourth, when the capital account has not been fully liberalized and the financial system is not sound, exceptional measures for temporary capital controls should be retained in capital transfer or financial service terms, and capital controls should be implemented when the balance of payments deteriorates to maintain financial security. Fifth, retain the policy space for the government to protect public interests, implement supervision and safety review of foreign w88 login through legal means, improve anti-unfair competition laws and national security review mechanisms, and establish some access conditions that are effective for various ownership types in certain specific industries to prevent foreign-invested enterprises from causing excessive risks to those industries that have been opened up. At the same time, we will accelerate the reform of the foreign w88 login management system, w88 login approval and other systems, actively and effectively utilize foreign capital, and create a business environment where domestic and foreign-funded enterprises are treated equally and compete fairly.
Central EuropeBITNegotiation: The issue will be“Openness”, but the service industry is the key area of my negotiations on market access to the European Union
This year1Month, CEIBS launchedBITNegotiation. Historical experience has proven that direct investment is a more stable and reliable economic link than w88 links.201424307_2432510year, completed CEIBSBITThe negotiations will lay the foundation for a comprehensive strategic partnership.
As two important economies, China-EU mutual w88 login is far lower than it should be. my country’s w88 login in Europe accounts for less than 1% of its foreign capital stock1%, the EU’s only foreign direct w88 login2.1%Flow to our country. Complete Central EuropeBITNegotiations can help improve the w88 login environment, expand market access, and expand w88 login scale. European Union28in member states26have signed with my countryBIT, the content is quite different, and unified protection standards cannot be achieved. newBITwill be a unified version applicable to all member states, providing investors with a more concise, reliable and predictable legal framework.
In addition to these common goals, China and the EU also have their own considerations. For the EU, the first is to explore emerging markets in Asia. The EU regards free w88 agreements as an important strategic pillar and actively negotiates and signs free w88 agreements with ASEAN countries, South Korea, and India. When the time is not yet ripe for the China-EU Free w88 Agreement, we should promote it firstBITNegotiation is a better option.
The second is to implement a unified international w88 login policy.2009Year12The Lisbon Treaty, which came into effect in March, brought international direct investment into the scope of common w88 policies and implemented exclusive jurisdiction. The EU hopes to sign contracts with third countriesBITOr a free w88 agreement with investment content will gradually replace the agreements already signed by each member country.
The third is to negotiate with foreign countries with one voice. with our countryBITThe negotiation is the first one initiated by the European Commission after the entry into force of the Lisbon TreatyBITNegotiation is an opportunity for them to better demonstrate their ability to negotiate externally with one voice.
For our country, start Central EuropeBITNegotiation, one is to better protect its own interests as an investing country. In previous agreements, our country focused on protecting the interests of the host country. As the EU has become my country's largest w88 login destination among developed economies, w88 login barriers and w88 login protection issues in Europe have become increasingly prominent. It is urgent for my country and the EU to sign a more comprehensive and complete agreementBIT, thereby better protecting China’s w88 login interests.
The second is to build a new open economic system. Start CEIBSBITNegotiation is a new way to promote reform through opening up, which will help promote the reform of the domestic w88 login system, foreign w88 login management system and administrative management system.
The third is to participate in the formulation of new rules for international w88 login. In a period of changing international w88 login rules, China and EuropeBITNegotiations and China and the United StatesBITNegotiation will provide an important way and opportunity for our country to participate in the construction of new rules.
Central EuropeBITThe topic of negotiation will be“Openness”, covering all issues of concern to both parties, among which market access is the focus of negotiations. "Recommendations for EU Businesses in China" published by the European Union Chamber of Commerce in China2013/2014》mentioned219Among the suggestions1/3Related to market access. At present, the service industry is the main industry for my country's w88 login in Europe, and will also be the key focus area of my country's market access negotiations with Europe. In addition, the content of the negotiations between the two parties also includes national treatment, dispute settlement, performance requirements clauses, diplomatic objectives, competitive neutrality, exception clauses, etc.
Need to see, Central EuropeBITNegotiations will be affected by the following factors. The first is China-EU economic and w88 relations. since2005Since 2009, the EU’s w88 policy toward China has shifted from emphasizing cooperation to emphasizing competition and reciprocity, and bilateral w88 frictions have increased.201333063_33096BITNegotiation process.
The second is China and the United StatesBITNegotiation. The negotiations between China and the United States have lasted for many years and have entered the negotiation stage on core terms. The negotiation process and results will definitely have an impact on China-EU negotiations.
Three isTPPandTTIPNegotiation. Both agreements set higher standards on w88 login issues. China and EuropeBITThe negotiations will be influenced by high standards of w88 login protection and high levels of w88 login liberalization. In short, Central EuropeBITThe negotiations will be affected by bilateral economic and w88 relations and even political relations, and will interact and influence each other with other relevant negotiations.
Attachment: Original report link
http://world.people.com.cn/n/2014/0324/c1002-24714064.html