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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