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China—ASEAN Investment Agreement Negotiations

China—ASEAN Investment Agreement Negotiations I. lNF)<.0!)UCT)ON In accordance with the Framework Agreement on Comprehensive Economic Co-operation between the Association of South-East Asian Nations (AsEAN)' and China (the CAFTA Framework Agreement) signed in November 2002,2 China and ASEAN are negotiating the establishment by 2010 of the China-AsEAN Free Trade Area (CAFTA) with the ASEAN-6 and by 2015 with the four new ASEAN Members. The NAFTA negotiations arc primarily in the fields of trade in goods, services and investment. The negotiations on trade in goods have resulted in an Agreement;3 however, current investment negotiations are stalemating. The CAFTA Framework Agreement has set up basic contents and guidelines for the prospective investment agreement but leaves details for future negotiations. So far, preliminary negotiations have achieved a comprehensive framework, due also to the legal foundation established by the bilateral investment agreements (BITS) between China and the ten ASEAN countries. However, although China and ASEAN have so far come to a general consensus as to investment facilitation and investment protection, there are substantial controversies over investment liberalization. Reasons for these controversies include, first, investment liberalization per se is a globally contentious issue; second, the vague term "progressively liberalize" used by the CAFTA Framework Agreexnent4 induces differentiated understanding; http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

China—ASEAN Investment Agreement Negotiations

Journal of World Investment and Trade , Volume 7 (1): 21 – Jan 1, 2006

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/221190006X00144
Publisher site
See Article on Publisher Site

Abstract

I. lNF)<.0!)UCT)ON In accordance with the Framework Agreement on Comprehensive Economic Co-operation between the Association of South-East Asian Nations (AsEAN)' and China (the CAFTA Framework Agreement) signed in November 2002,2 China and ASEAN are negotiating the establishment by 2010 of the China-AsEAN Free Trade Area (CAFTA) with the ASEAN-6 and by 2015 with the four new ASEAN Members. The NAFTA negotiations arc primarily in the fields of trade in goods, services and investment. The negotiations on trade in goods have resulted in an Agreement;3 however, current investment negotiations are stalemating. The CAFTA Framework Agreement has set up basic contents and guidelines for the prospective investment agreement but leaves details for future negotiations. So far, preliminary negotiations have achieved a comprehensive framework, due also to the legal foundation established by the bilateral investment agreements (BITS) between China and the ten ASEAN countries. However, although China and ASEAN have so far come to a general consensus as to investment facilitation and investment protection, there are substantial controversies over investment liberalization. Reasons for these controversies include, first, investment liberalization per se is a globally contentious issue; second, the vague term "progressively liberalize" used by the CAFTA Framework Agreexnent4 induces differentiated understanding;

Journal

Journal of World Investment and TradeBrill

Published: Jan 1, 2006

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