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45 Acta Jur. Hng. 1 (2004)

handle is hein.journals/ajur45 and id is 1 raw text is: 1216-2574 / USD 20.00 ACTA JURIDICA HUNGARICA D 2004 Akadimiai Kiad6, Budapest 45, Nos 1-2, pp. 1-23 (2004) CHUN HUNG LIN* Developing Countries and the Practicality of Multilateral Investment Agreements on Telecommunications Abstract. During the past few decades, foreign investment has rapidly increased worldwide and has enhanced economic growth in developing countries. Although foreign investment brings huge economic benefits, many developing countries fear that by opening up markets to competition and foreign investment without restriction, they will lose control of their strategic industries. Among those industries, telecommunications is a sector with substantial impact and influence on national security, social stability and economic development. Therefore, the balance between economic gains from foreign investment and national telecommunications sovereignty presents a challenging task. A proposed international investment agreement has been negotiated in international community to possibly solve many of the disputes between foreign investment and national sovereignty. However, is foreign investment a necessary mechanism for developing countries to promote their economic growth? With different developmental models and a myriad of different economic difficulties, is a uniform global investment instrument suitable to meet the different demands for developing countries? This article will examine current international investment regime and their relation with tele- communications as an influence in developing countires. Assessing these crtitical issues, this article hopes to find a new poisition for telecommunications in a formingly integrated global market. Keywords: Foreign Direct Investment (FDI), Multilateral Agreement on Investment (MAI), Developing Countries, Telecommunications, Technology Transfer, Markets Competition, Organization for Economic Cooperation and Development (OECD), Multinational Enterprises (MNEs), Bilateral Investment Treaties (BITs) I. Introduction Telecommunications sector plays a dual role in economic activities, not only itself a distinct circle in economic system but also a supplying mean for other sectors. Having this kind of special characters, telecommunications cover and relate to many other industrial and economic sectors such as manufacture, entertainment, and communication sectors. Foreign investment has been one Scientiae Juridicae Doctor, Counsel of law; LL.M., SJD, Golden Gate University, San Francisco, USA; LL.B. National Chengchi University, Taipei, Taiwan. This article is specially dedicated to the memory of my dear mother, Mrs. Hsu, Hsiu-Chin. E-mail: jasonlin626@yahoo.com.tw

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