Legal Research On Export Credit Insurance

This dissertation,through historical and comparative analysis,presents legal research on export credit insurance.On the basis of interpretation of legal definition,classification and historical development of export credit insurance,the research aims to reveal the legal essence of export credit insurance,to clarify the various country risks involved in export credit,to discuss the channel of subrogation,to study the existing legal system of developed country,and to present feasible suggestions on legislation of export credit insurance for China.The dissertation is categorized into three sections:preface,main body and conclusion.The purpose and methods of research,and the structure of the dissertation are primarily footed in preface.The main body is composed of five chapters,from which the conclusions are drawn into four suggestions thereof.The main body is structured as follows:Chapter?introduces the basic theory of export credit insurance. Regardless of various opinions on definition of export credit insurance, the author attempts to give a clear and exact picture of export credit insurance from her own insight.The well understanding of the legal definition,classification and historical development of export credit insurance would obviously act as the foundation of further legal research.Chapter?elucidates the legal essence of export credit insurance,which concentrate on its comparison with repayment guarantee,and the role of export subsidy under the system of WTO.All these analysis lies on the correct perspective on the legal relationship among the parties to export credit insurance.Chapter?analyzes the various types of country risks undertaken by the Export Credit Agency(ECA),which can primarily categorized as sovereign risk,risk of foreign exchange and transfer,risk of international economic sanction,and risk of war and terrorism.As the offtaker of export credit risks,the Export Credit Agency shall definitely know what the risk is,and how to mitigate the risks to the lowest level.Chapter?discusses the right of subrogation of Export Credit Agency. The ECAs are confronted with subrogation afterwards its payment of insurance compensation to the insured,which constitutes one of the essential parts of export credit insurance system.Since such subrogation is characterized as a transnational one,the resolution of legal conflict becomes critical than any time.Chapter?gives a comparative research on the international and national legal system of export credit insurance.The international legal system is mainly comprised of the Agreement on Subsidies and Countervailing Measures of WTO,Arrangement on official support of Export Credit of OECD and the Directive of the Council of European Union 98/29/EC, while the national one is embodied in various level of legislation in countries around the world.The author finally comes up with the conclusion,to suggest enlarging the risks scope to be undertaken by the Export Credit Agency,strengthening the political channel of subrogation,harmonizing international legal system of export credit insurance,and speeding up the process of legislation of export credit insurance in China.