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the Conclusion

Asian-Pacific economic cooperation, being not the international economic organisation in legal sense, and a constant, official, free advisory forum of representatives of the states for discussion of pure economic questions, possessing all signs inherent in the international economic organisation, plays an incentive role in normotvorcheskoj activity of the countries-participants.
The most typical forms of participation ATES in such process are working out and acceptance by supreme body ATES of the recommendatory certificates fixing in the form of intergovernmental declarations and statements the general strategy, supervising principles of behaviour, the voluntary code, programs and plans of action, technical standards and criteria and other for all countries-participants ATES. Such certificates though do not contain, as a rule, legally obligatory rules for the participants, nevertheless, play an appreciable role in normotvorcheskih processes the international and interstate level. For example, within the limits of ATES the voluntary code of direct foreign investments which can be used in the future of the WTO is accepted and in conformity with which each country-participant ATES is obliged to result the investment mode; principles ATES on development of a competition and carrying out of reforms in the field of regulation (ARES Principles to Enhance Competition and Regulatory Reform) are approved; approximate positions of contracts on investment projects in ATES, concluded within the limits of system of voluntary investment (AVIP) and infrastructural investment initiatives (III) (Model Contract Provisions for Projects under the APEC Voluntary Investment Project (AVIP) Scheme and the Infrastructure Investment Initiative (III)) and others are accepted. If in Europe integration process occurs under the influence of branched out politiko-legal, institutsionnogo the mechanism interstate and nadgosudar-stvennogo regulations in Asian-Pacific economic region, in our opinion, integration process develops in the form of so-called «soft integration», i.e. integration by the coordination of interests, first of all on a microeconomic level. As a whole, the Manilsky program of actions has fixed long-term objectives, as reduction of the average rates of duties to 0-5 % and liquidation of not tariff barriers to 2010-2020гг.; national treatment introduction in investment sphere to 2010-2020гг. With the minimum withdrawals; reservation introduction "stendstil" i.e. not to raise level of protective protection and to spend progressive liberalisation on realisation bogorskoj the purposes; to lower level of trading restrictions, including, to reduce tariff peaks and some kinds of not tariff restrictions in the separate 361 branches to reduce number of withdrawals, to reduce rupture in rates of duties between branches and other. The analysis of individual plans of action of the majority of the countries-participants ATES shows, that the fixed measures is a set of obligations in ATES, the WTO and in national programs of liberalisation, i.e. liberalizatsionnye the measures which are carried out simultaneously at three levels — national, regional and multilateral, carry voluntary and is minimum legal binding character as these measures are accepted as a result of discussions and negotiations. Now in this economic group, thanks to the general aspiration of each country-participant to reach the adjusted purposes through individual plans of action, there is a process of harmonisation of substantive provisions of the legislation promoting development and strengthening of legal regulation of a trade turnover.
It concerns the legislation on the taxation, the investment legislation (unification of modes of foreign investments, including the taxation, an order of the resolution of disputes), to the customs legislation (unification of customs procedures and documents), to the law on quality and safety of foodstuff, the law on a commodity label (Labeling Law), to the law on a competition (reduction of the law on a competition according to the international norms), to the corporate legislation (introduction of main principles for strengthening and development of the corporate right after the Asian financial crisis, spent on seminars and symposiums within the limits of EKOTEK and Expert Group on strengthening of an economic and legal infrastructure), to the law on the external economic contract (the governmental order/zakup), the law on protection of intellectual property rights and the law on commercial arbitration (working out of an order of settlement of disputes within the limits of ATES). Along with it, a number of measures, programs and offers on simplification and harmonisation of trading and investment positions has been developed and recommended, but, in our opinion, these measures and programs slowly and are slightly realised within the limits of ATES as in ATESe while there are no general mandatory provisions and nadnatsionalnye controls for their reduction in execution so, there are no compulsions of realisation of measures on the mutual and connected basis with the mechanism of sanctions at default. Hence, that ATES became integration grouping in scientific understanding of the free trade zone having the full legal capacity to solve wide problems in Asian-Pacific region, time, degree of responsibility of each country-participant for realisation of the measures adjusted at summits ATES, and nadnatsionalnye controls are necessary. 362 Within the limits of ATES for achievement of the purpose of creation of system of summary trade and investments to 2010/2020 various documents are developed and accepted, not speaking about multilateral and regional investment agreements (GATS, TRIMs, TRIPs, MTSUIS, the INSTANT, NAFTA ASEAN), and the bilateral investment agreements which are investment tools ATES, such as supervising principles of behaviour, the voluntary code, supervising programs and plans of action, rules, technical standards and criteria and other, directed on rendering assistance to the countries-participants in realisation of the enacted problem taking into account a legal, economic and cultural level of development of each of them. However osnovnyj the lack of these documents consists that they have not obliging character, that is leave the option to each country. Despite it, many of the offered recommendations gradually are realised by each member within the limits of individual plans of action and collective plans of action. In particular thanks to it many concerning modes of foreign investments of position from the investment legislation of the majority of the countries-participants ATES have been reviewed, changed and added, that Russia gives optimistichnost about the future formation of system of free trade and investments by 2020 Basically many members ATES, in particular, have accepted new acts in sphere of investments which have opened a way of direct foreign investments, have simplified procedure of registration of the commercial organisations with foreign investments, procedure of selection and an estimation of foreign projects; have made changes to notice procedure; have simplified procedural requirements on the basis of time frameworks (consideration of the request for delivery of the permission or the licence for capital investments); Have created services «one window» for simplification of points of order and other. Besides, the majority of the countries-participants ATES is spent also by periodic reviews of investment modes for the purpose of working out of planned measures concerning a national treatment, but yet do not fix concrete tools of its achievement, and also terms and means of liquidation of investment barriers. Considering specificity of an economic situation of each member, within the limits of ATES the voluntary code of direct foreign investments in which not obliging investment principles which represent the special principles of the international economic right established in contracts are put in pawn, concluded between the states is accepted, and are applied in investment modes within the limits of the national legislation of many countries of the world, including the countries-participants ATES. In particular, each country-participant ATES should define for itself concrete term taking into account a real economic situation at home within 2010/2020 of introduction of not obliging investment principles, and the mechanism 363 maintenance and which monitoring of performance the Committee on monitoring of plans of action which observes of realisation of Individual plans of action (IPD) members of a forum who serve as the basic tool of liberalisation in the field of trade and investments is. The committee on monitoring of plans of action traces introduction of Individual plans of action in an electronic format and studies ways of their perfection. Analyzing substantive provisions of the legislation of each country-participant ATES, according to the Bogorsky Declaration, Osaksky and Manilsky Programs of actions on creation of system of free and open trade and investments to 2010/2020гг. In Asian-Pacific region, and according to developed within the limits of ATES neobjazy-vajushchim to investment principles, in conformity with which each country-participant ATES corrects now and results the investment legal regime on a target date so that by 2020 in Asian-Pacific region: 1) to foreign investors the open, accessible and transparent laws, rules, administrative regulations and the politicians, concerning investments into each country-participant ATES have been provided; 2) from any country-participant ATES expansions and managements of their investments a mode not less favorable, than what is given to investors of any other member ATES in similar circumstances without damage to corresponding international obligations and principles have been given investors concerning establishment; 3) behind the exceptions provided in internal laws, rules and politicians in each country-participant ATES to foreign investors concerning establishment, expansion, management and protection of their investments have been given a mode not less favorable, than that mode which is given in similar circumstances to own investors; 4) foreign investments would be guaranteed against expropriation; 5) to foreign investors after payment of corresponding taxes and tax collections would be guaranteed free and unobstructed transfer in any "royalty", the sums paid in repayment of loans, the sums which are due to the investor in connection with liquidation (full or partial) or sale of capital investments is hard to currency of the money resources (funds) concerning foreign investments, in particular profits, dividends. End of this extensive problem of liberalisation of an investment mode will allow to create preconditions for formation of the integrated economic space, the interaction format between national economies entering into it will essentially come nearer to what will reach in the European countries. 364
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A source: CHhorn prolyng. Legal regulation of foreign investments in the countries-participants ATES / the Dissertation / Moscow. 2007

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