Research on the Legal Mechanisms for Mutual Investment between China and ASEAN

Author: Hu Shuxiu
Publisher:
Publishing Date: 2005-10-01
Features: Dr. Hu Shuxiu's work is a comprehensive and systematic study of the legal issues surrounding investment between China and ASEAN, a scholarly masterpiece with distinct academic characteristics. The publication of this book fills a gap in the research of economic law and international economic law in China, possessing substantial theoretical depth. The book is practical, advocating "using arguments to substitute for laws," and the countermeasures and suggestions proposed at the practical level hold significant reference value for the development of this field. Professor Zhang Shiyuan of North China University of Technology states that outstanding academic works generally share characteristics such as originality in conception, substantial content, and standardized expression. Examining this book, it indeed reflects these features. Academically, the book involves multiple disciplines, guided by the general theory of economic law, with a focus on domestic economic law, and employs comparative law research methods to integrate domestic and international law. Practically, through integrated research, the book offers pertinent and targeted opinions and suggestions for improving and developing mutual investment relations between China and ASEAN, truly serving as a valuable theory of countermeasures for promoting mutual investment. Particularly noteworthy is the book's clear proposal to apply cooperative legal game theory to establish investment cooperation mechanisms, exploring international (transnational) investment legal phenomena and their, demonstrating theoretical depth and innovative spirit. In summary, due to its novel perspective, broad scope, and high difficulty, the book's embodiment of the spirit of the times, innovative capabilities, and academic standards are all commendable. Professor Cheng Xinhé of Zhongshan University states that researching the legal mechanisms of mutual investment between China and ASEAN requires a deep understanding of the economies and laws of both regions, as well as the ability to integrate domestic and international law in research, identifying fundamental issues, rules, and theories, and proposing basic countermeasures to solve practical problems. It should be said that Dr. Hu Shuxiu's work has made significant efforts in this regard, providing foundational research for subsequent researchers in the field. Professor Zhang Shouwen of Peking University notes that in today's era, economic globalization and regional economic integration have become an irresistible trend. China's entry into the World Trade Organization marks a new phase in its opening-up policy, representing its further participation in the process of economic globalization. At the same time, China adheres to a foreign policy of "friendship with neighbors and partnership with them" and "harmony with neighbors, stability for neighbors, and prosperity for neighbors." Several years ago, China and ASEAN initiated the construction of the China-ASEAN Free Trade Area, committed to establishing a strategic partnership of peace and prosperity. In November last year, leaders of China and ASEAN signed the Agreement on Trade in Goods and the Dispute Settlement Mechanism Agreement. On July 20 this year, both sides fully reduced tariffs on 7,000 product categories, marking the concrete implementation of negotiation results. Negotiations on service trade and investment cooperation within the free trade area are also in progress. This trend of the times provides researchers with numerous cutting-edge topics and vast space for academic studies. Among them, the field of investment involves complex issues: both theoretical and practical problems, as well as economic and legal issues. Within legal issues, there are investment law issues and other legal issues; in investment law issues, there are foreign investment law issues under the scope of economic law and international investment law under the scope of international economic law; in international investment law issues, there are bilateral investment rules and multilateral investment rules; in multilateral investment rules, there are regional investment rules and global investment rules. In recent years, domestic and international scholars have conducted extensive research on investment between China and ASEAN, producing numerous works with considerable achievements, but there remains room for improvement. The main shortcomings are: excessive emphasis on economic perspectives and insufficient legal perspectives; a focus on individual countries rather than comprehensive studies of China and ASEAN; and a lack of in-depth discussions that combine theory with practice or integrate economic law with international economic law. Currently, in both Chinese and foreign literature, no highly academic works on the legal regulation of mutual investment relations between China and ASEAN have been found. Dr. Hu Shuxiu's independent monograph, based on her doctoral dissertation, offers a comprehensive, systematic, and in-depth discussion of the legal mechanisms for developing mutual investment between China and ASEAN from the perspectives of multiple disciplines, particularly economic law and international economic law, combining theory with practice. The book is significant in its topic, high in difficulty, and strong in innovation. It can be said that this is a work that fills a gap in the field. The reason this book is considered a masterpiece lies first and foremost in its outstanding creative research findings. This is manifested in the author's unique theoretical insight that the legal mechanisms for developing mutual investment between China and ASEAN should be: "based on interests, guaranteed by law; coordinated through game theory, and achieving win-win through cooperation." At the same time, the author proposes eight new countermeasures and suggestions for developing mutual investment between China and ASEAN, particularly the legislative proposal for the "China-ASEAN Free Trade Area Investment Agreement." Second, the book employs appropriate research methods. A good work must be supported by a wealth of reliable materials and require the author to have strong material-handling skills. Dr. Hu Shuxiu uses methods such as economic analysis of law, game theory, comparative research, and empirical research to conduct an in-depth analysis of detailed materials, presenting clear reasoning and the ability to use materials to explain arguments and guide the material with arguments. Third, the book has a well-structured, clear, logical, and standardized writing style, with rich language and fluent expression. Finally, the book holds significant theoretical meaning and practical value. As an academic work, it must not only innovate theoretically but also use innovative theories to solve new practical problems. It can be said that Dr. Hu Shuxiu's monograph has made substantial contributions to both aspects. The reason this book has become a masterpiece is not accidental. Objectively, it meets the requirements of economic globalization and regional economic integration, aligns with the construction of the China-ASEAN Free Trade Area, and responds to the development of mutual investment between China and ASEAN. Subjectively, it is inseparable from the author's diligence in learning, thinking, and innovation, enabling her to master solid and broad theoretical foundations and systematic specialized knowledge in this field, as well as strong independent research capabilities. At the same time, this is also due to the author's effective utilization of her knowledge structure advantages during the writing process. Specifically, during her doctoral studies, Dr. Hu not only completed the required degree courses but also participated in relevant courses offered by Peking University, achieving excellent results. She emphasizes investigation and research, excelling in learning from practice. She actively engages in scientific research, participated in writing economic law entries for the China Encyclopedia (Second Edition), and published numerous academic papers. She maintains a rigorous academic style, dedicating significant effort to her doctoral dissertation and monograph. With years of study and research in economics, she has developed independent thinking and insights on many economic issues. With years of experience in international investment, she has accumulated rich practical experience. As a former journalist who studied and worked abroad for many years, she possesses a solid command of both Chinese and foreign languages. Dr. Hu Shuxiu's monograph is based on her doctoral dissertation. Her dissertation was unanimously recommended as an outstanding thesis by the professors during the defense. When forming this monograph, the author made supplementary revisions, further perfecting the work. However, some of the issues discussed still require further in-depth research. As things develop and the times advance, new theoretical and practical problems will continue to emerge, calling for research and solutions. As Dr. Hu Shuxiu's supervisor, I sincerely commend her achievements and hope she continues to strive for greater accomplishments in future academic research.