The issue of investment facilitation is at the initial
stage of consultation and joint construction by
various governance entities around the world. Among
them, transnational legislation has initially developed
a set of regional standardized rules that can be used
as reference by various countries, while inter-state
legislation is trapped by conflicts of interest
distribution and differences in preferences. First, at
the regional level, only a preliminary investment
facilitation rule framework was reached in the G20
and BRICS summits. Second, at the multilateral
level, the WTO investment facilitation proposals
promoted by developing members have not been truly
adopted. Finally, at the bilateral level, there is a lack
of clauses containing specific commitments to
investment facilitation. Among the existing more
than 3,300 international investment agreements, only
some clauses contain investment facilitation
commitments, and most of them focus on the entry
and residence of investors and the enhancement of
transparency of laws and regulations. According to
UNCTAD's statistics, only India, Indonesia, ASEAN,
Japan, China, Australia, Malaysia and other countries
have relevant clauses in investment agreements, and
the relevant content is often too simple. However, in
a state where inter-state legislation is stagnant, there
are still many domestic measures that are gradually
benchmarked against the international system. This
abnormal development is enough to attract attention.
In this situation, the data sharing platform can bring
together different stakeholders such as data subjects,
data controllers, and data users, and include different
types of data, avoiding repeated collection of data and
wasting resources. In addition, the data sharing can
ensure the uniformity of the degree of investment
facilitation and reduce the huge difference between
developed and developing countries.
2.2 Challenges in Recognition
Principles
2.2.1 Transparency Principle
The principle of transparency is the most important
and targeted principle in investment facilitation. The
APEC investment facilitation agenda requires that
every APEC economy should ensure the transparency
of relevant laws, regulations and administrative
procedures affecting the flow of goods, services, and
capital, so as to create and maintain an open and
predictable trade and investment environment. The “
G20 Global Investment Policy Guiding Principles”
also regard transparency as a principle and goal. In
the WTO legal system and the international
investment dispute settlement mechanism, the
principle of transparency is an extremely important
principle. It is applicable to almost all fields of
international investment and overcomes the
information failure in international investment.
The investment facilitation proposals put forward
by various countries in recent years also mentioned
transparency requirements, mainly including: (1) The
government should provide comprehensive, clear and
timely notifications when formulating investment-
related policies, (2) Ensure effective access to
information, Including the provision of "one-stop"
consultation points or special consultation points and
appropriate online services, (3) promoting the
simplification of the language of laws
and regulations,
(4) promptly publishing the results of periodic review
of the investment mechanism. From the perspective
of the host country, a core aspect of investment
facilitation is to improve the openness and
transparency of investment supervision and
management of the host government. The application
of digitizing is the simplest and most direct way to
achieve transparency.
2.2.2 Sustainable Development Principle
The investment facilitation plays a vital role in
promoting sustainable development. According to
UNCTAD’s calculations, developing countries are
facing an annual sustainable development goal-an
investment gap of US$2.5 trillion (Hamdani 2018).
Investment facilitation will effectively reduce the
investment gap and help developing countries
achieve sustainable development goals. Data sharing
can help developed countries and developing
countries to share interests and risks, bind interests
and risks together, rather than separate them, and
achieve sustainable goals in the investment field.
2.2.3 Efficiency Principle
The principle of high efficiency is the ultimate goal
pursued by investment facilitation, different from
investment liberalization, investment promotion and
investment protection. The ultimate goal of
investment facilitation is to improve the efficiency of
the investment process, thereby effectively reducing
investors' time and costs. The supporting measures
related to the principle of high efficiency in the
international standards proposed by APEC and
UNCTAD include: (1) reducing the time for
registration, approval, registration, taxation and other
procedures, (2) avoiding multiple discussions, (3)
reducing foreign investment needs to fill in Forms,
and encourage them to be electronic, (4) The central