‘Foreign Direct Investment (FDI) needs an orderly governance in order to foster its effective and competent operation across nations.’ Evaluate this statement in the perspective of International Commercial Law by addressing the following questions:
1. What factors influenced the emergence of FDI regulation? To what extent do you think that the multilateral regulatory approach to FDI is effective to ‘discipline’ the trade-related investment measures imposed by the host nation?(10Marks)
2. Critically analyse the Canada –Administration of FIRA, BISD 30S/140, 1984 with special focus on the way the Agreement on Trade-Related Investment Measures(TRIMS) regulates the ‘regulation’ of the Member States. (30 Marks)
3. Identify the fundamental objectives of the recently concluded Free Trade Agreements (FTAs) between Australia and its key Asian trading partners (ie, with China, Thailand, ASEAN, Singapore and Korea). How would you evaluate the outcome of those FTAs on trade? What are the challenges? (15 Marks)
1. Write introduction covers three above three questions (150 Words).
2. Write Conclusion covers three above three questions (150 Words).
3. Answer Question one (700 Words).
4. Answer Question Two (1500 Words).
5. Answer Question three (1000 words).
6. Organisation of the paper: Please Create headings for each question or answer.
7. Length: 3500 words (excluding footnotes, but footnotes must not include any substantive content).
8. Use primary and secondary scholarly sources such as ( text books- Journal articles- the Agreement on Trade-Related Investment Measures(TRIMS)- Free Trade Agreements (FTAs) between Australia and its key Asian trading partners (ie, with China, Thailand, ASEAN, Singapore and Korea). ). Find below some recommended readings materials. Please use the recommended reading martials and other reading materials beyond. Do not use more than 3 internet materials as a sources. The sources must be scholarly sources.
9. Reference should conform to the Australian Guide to Legal Citation (can be downloaded at https://www.law.unimelb.edu.au/go/aglc).
10. No bibliography wanted.
Recommended Reading Materials:
1.Leon Trakman, ‘FOREIGN DIRECT INVESTMENT:AN AUSTRALIAN PERSPECTIVE’, (2010) Vol. 13 International Trade & Business Law Review pp 31-85. Journal Article
2. Burnett and Bath, Law of International Business in Australasia (The Federation Press, 2009), pages 260 – 300. BOOK
3.Theodore H. Moran, Foreign Direct Investment, ( John Wiley & Sons, 2012). BOOK
4.DL Bethlehem ,The Oxford handbook of international trade law, 2009
5.AB Zampetti, P Sauvé – Research Handbook in International …, 2008 – books.google.com
6.J Kurtz – … Interests of Host States in International Investment Law, 2014 – books.google.com
7. T Büthe, HV Milner, The politics of foreign direct investment into developing countries: increasing FDI throughinternational trade agreements? American Journal of Political Science, 2008 – Wiley Online Library Journal Article
8. M. Sornarajah, The International Law on Foreign Investment
– 2010 – BOOK
9. Christopher Charles Findlay – Free Trade Agreements in the Asia Pacific – Page xiv2010 BOOK
10. Shintaro Hamanaka – Asian Free Trade Agreements and WTO Compatibility: Goods, Services, … 2014 BOOK
1. the Agreement on Trade-Related Investment Measures(TRIMS).
2. Free Trade Agreements (FTAs) between Australia and its key Asian trading partners (ie, with China, Thailand, ASEAN, Singapore and Korea).
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