The globalization of market economy

As the economic globalization is the globalization of market economy, economic globalization is the business of the main driving force. In order to maximize business profits, businessmen will seek to break through a variety of natural and man-made restrictions to the law of value to the world. As a foreign scholar put it: "Globalization is a nearly 1,000 years ago began in the Mediterranean and the 15th and 16th century with the large geographical and made the decisive found in the great development of the continuation of the process. It is re - Capitalism that is both international and transnational is the original mission, which is the borders and national, ethnic traditions and all step on the foot, forcing all the more subject to the law of value only. " In order to better achieve its goal businessmen will also promote international economic law is conducive to the development of economic globalization. Construction on the new international economic rules of law, merchants can do is to compile a unified norms and make commercial use of universally recognized and the government, and other aspects of the legal norms of the international economy to create, merchants must use state Force to promote the creation of the country they need the rule of law. It can be expected in the coming for a long period of time, traders will focus on promoting the country in the following areas enrich the content of international economic law: First, ask the Government to give more favorable investment conditions. Not only do they have the ability to force developing countries to give more favorable investment conditions, "even in the North, the Government has no control over multinational corporations. If a law hinder their expansion, they threatened to leave, and immediately put Action. They traveled all over the planet as a whole, to free choice of the best places to go, where the cheapest labor, almost from the legal protection of the environment, the minimum tax, most of the funding. "That the withdrawal of multinational corporations in the capital Under pressure, the Government had to make some concessions. Second, we urge the Government to further relax its goods, capital and personnel flows. In spite of the GATT and the World Trade Organization framework, the international flow of goods, the restrictions have been greatly reduced, but in terms of tariffs or non-tariff measures, the Government's control also is still in force, and businessmen will continue to exert Pressure, so that government restrictions on the import and export of goods to reduce further. And the international flow of goods, the international flow of capital by government restrictions may be more stringent, particularly in the areas of direct investment, most countries in the field of industry provides for restrictions for national security (including economic security ) Industries in the area, usually to prohibit the entry of foreign capital. However, due to the globalization of capital is the core of economic globalization, therefore, for business, restrictions on capital flows would be the most intolerable. As a result, the next in the process of economic globalization, businessmen will help the Government reduce the flow of capital as a major obstacle to the efforts of direction. In fact, the World Trade Organization is different from the original General Agreement on Tariffs an important feature is that the capital market access issues in the area of multilateral negotiations. "General Agreement on Trade in Services" in the member countries to establish international rules of trade in services in general, related to open access to capital in the field of negotiations; "Trade-Related Investment Measures," is directly related to the issue of direct investment. Despite the agreement of the two are not specifically provided for direct international investment agreements, however, these two agreements have been signed to convey a clear message that the capital market access issues will be placed within the World Trade Organization's decision-making scope. The third is to ask the Government to their overseas business interests to give more stringent protection. Requested by the businessmen of their overseas interests will be reflected in the protection of trade in goods, technology transfer, direct investment and other fields. For example, is rich in content with the WTO TRIPS Agreement The implementation of intellectual property rights of foreign businessmen will be the protection of an important issue. Other developed countries are likely to follow step-by-step the United States, similar to "301" provisions of such a mechanism to protect intellectual property rights of their people. Another example is that in a foreign country be "inappropriate" anti-dumping, countervailing charges of businessmen, may also seek help from their governments through diplomatic means to seek "fair" or better. In addition, some traditional, the businessman will push their governments to force foreign governments to make new concessions in order to make its own interests be better protected. As we all know, in the nationalization of foreign standards on the issue of compensation has been an increasing number of developing countries in an increasing number of occasions, the developed countries to accept "full, immediate and effective" compensation standards. In other areas, such as in foreign countries and their property on jurisdictional immunities of adopted a country's relative immunity (mainly economically developed countries) may also be forced to adhere to the doctrine of absolute immunity countries to make new concessions. Fourth, the government requested from foreign competition is limited. Competition from abroad can be divided into legitimate competition with two categories of unfair competition. The unfair competition from abroad, a country's natural business in accordance with the law may require the government to protect them. A country's anti-monopoly law, the WTO anti-dumping, countervailing agreement can provide the legal basis. The problem is that, due to competition from abroad, traders may seek to limit their respective governments. Here, we need to make a distinction between businessmen. International competitiveness of businesses wanting to market not subject to national boundaries, they are not afraid of competition from abroad and would like to unrestricted competition in the markets of other countries; not have the international competitiveness of businessmen hope to block the external borders Competition. They will push their governments to take under the pretext of a variety of seemingly reasonable and lawful measures (such as environmental protection measures) will be a strong competitor in the block outside the country. We can see that the lack of international competitiveness of the business will be those who block the way of economic globalization; they formed under the influence of the rule of law among the evolution of international economic law in the course of an undercurrent. (B) the strength of the state The country is the formulation of international economic law, but countries in the formulation of international economic law in the process to consider the interests of businessmen, to reflect the will of the businessmen. Economic globalization demands to maximize the scope of the role of market discipline to minimize the Government's international business contacts. In a recent 20 years, the Government was really good at concessions to market forces, its performance is the Government's international business contacts to relax controls. However, the state's economic globalization can not be completely laissez-faire or blindly support. This is because: First, in addition to a market economy with optimizing the allocation of resources and efficiency advantages, but also with blindness at the same time, spontaneous and home after such defects. Capital expansion can be brought about by economic development, but not necessarily bring about a comprehensive social development, as capital expansion is aimed at high profits. With the acceleration of the process of economic globalization, a significant increase in social wealth, the concentration of wealth, but also to raise more. According to statistics, in 1960 the world's richest 20% of the national per capita gross domestic product is the same proportion of the population of the poorest countries 30 times, but 30 years later, this gap has expanded to 60 times. As some scholars have pointed out: "Today, our society is like the 19th century and early 20th century society, is facing the same problem, which is over-indulgence of capitalism. ... ... Example: the financial and industrial The industrial sector growing number of conditions, there is a political oligopolistic structure to the strong development trend. To strengthen the global competitiveness of the region under the pretext of carrying out regional or global mergers and joint company; the Government to give up control of the post of labor, To reduce or even phase out social welfare program, at the same time, large-scale unemployment to become the next 15 years and even 20 years, the most important social problem. To promote the competitiveness of domestic firms were said to be the creation of jobs the best way; of social More and more people out of apathy; to protect the competitiveness of an excuse, more and more frequently request to defer the abolition of ecological protection or simply a decision. "Second, economic globalization also brought about by the exercise of state power challenges. In the relatively closed society, a country's political and economic stability, mainly by domestic factors, and economic globalization are making to maintain domestic political and economic stability of the work has become more difficult. For example, today's "communications revolution ... ... broke the state monopoly of information, across national boundaries, people can hear and see is so alien to act in different ways. It also between rich and poor than 50 years ago Have a better understanding of the gap between them and stimulate people to carry out legal and illegal immigration. These changes in society and even the entire country has become increasingly difficult to control their own destiny. " Third, in the world, was the lack of effective government regulation of market institutions and mechanisms. After nearly 100 years of practice, the Government has established a system of regulation and control of the domestic market, and has accumulated considerable experience. Government through a variety of measures to rectify the shortcomings of the market economy to the adverse social impact. And in the international community can not exist in the market economy and effective regulation of transfer of institutions and mechanisms. In this case, if necessary, to give up control of the government, economic globalization will mean a lot of social risk. Southeast Asian financial crisis broke out so that more governments to strengthen this awareness. All of this decision by the Government in promoting the economic globalization at the same time, we will seek to explore the establishment of an effective regulatory mechanism in order to reduce the economic impact of globalization on the international community to the negative effects. In considering the strength of the country's international economic law to the impact, should also be aware of: different countries have different influence, and the role of the various forces will be in different directions. Although the basis of the principle of sovereignty, equality and the principle of each country to participate in the international economy in the process of legislation should be given equal status and rights, but a matter of fact, international economic law is always more powerful expression of the will. At the same time, "In general, the national economy the most powerful nation always the fastest, most extensive and strongly push forward the trade, capital, personnel, services liberalization of the flow." Although the legal point of view, no country any obligation to To participate in the process of economic globalization, however, if the economically backward countries not to participate in the process of economic globalization, it will be a further marginalization. As a result, in the process of economic globalization in the international economic system to create the legal process will be full of different inter-country conflict of interest.