Research On The International Legal Guarantee Of My Country's Overseas Interests In The Construction Of "One Belt, One Road

The core issue of this paper is how to protect China's overseas interests in the construction of the "Belt and Road".However,the biggest risk facing China's overseas interests protection in the process of the "Belt and Road" promotion is foreign regime change and political turmoil.Behind these risks lies the real intention of western anti-China forces led by the US to curb the construction of the Belt and Road initiative on a global scale.The United States has carried out hegemonic diplomacy and interfered in the internal affairs of other countries wantonly,thus affecting the economic interests of Chinese citizens and enterprises in local investment,trade and personal security.Based on the character of the construction of the cross-border property,to prevent risks hinder cooperation,such as suspended project,invalid contract,and impaired investment because of regime change,it is necessary to find a binding solution as soon as possible.From the perspective of the practice of international economic exchanges,international rule of law is the best way to solve cross-border disputes and form international consensus and legitimacy.such as diplomatic and consular protection,bilateral Investment Treaty(BITs),ICSID mechanism,WTO dispute settlement mechanism and so on.However,given the different application scenarios and conditions of these legal instruments,as well as the differences in the actual situation of countries along the belt and Road,simply applying a certain instrument is obviously difficult to achieve targeted results.As the initiator of the "Belt and Road" Initiative and the country with the most weight in overseas interests protection,China needs to explore a new path in line with the rules of international law to provide security guarantee for "going global" enterprises and citizens to the maximum extent.After studying the legal mechanism of protecting overseas interests,this paper proposes to promote the protection of China's overseas interests by creating a new bilateral treaty specially for the construction of "Belt and Road".This research hypothesis is mainly based on three aspects.First,bilateral treaties have the effect of international law and have binding force on the contracting parties.Theoretically,they are not subject to political influence such as regime change.Second,bilateral treaties can define the rights and obligations of the contracting parties in a more specific and flexible manner.In view of the national conditions of countries along the Belt and Road,bilateral treaties can coordinate the interests of the two sides more accurately and promote cooperative relations.Third,Almost All the bilateral treaties signed so far were signed before the Belt and Road Initiative was put forward.They are not legally binding,invalid,and fail to reflect the new development trend of international law and the actual needs of the Belt and Road Initiative.In addition,according to practical international law,the theory of international law realism,and the general rule of international rules and order formation,China should take the initiative to use international rule of law to shape rules in the construction of "Belt and Road",and express its views on international governance and international order while effectively protecting China's overseas interests.This is consistent with the reality of China's growing economic strength and rising international status.Through the case analysis of upgrading economic and trade cooperation between China and Singapore,and the analysis of the use of the bilateral treaty of the United States on a global scale to promote the practice of its overseas interests protection,the beneficial references are given on the construction of the new bilateral treaty,mainly lying in two aspects: First,the role and route choice of bilateral treaties in promoting the upgrading of bilateral,multilateral or regional cooperation.Second,the protection of overseas interests of bilateral treaties is mainly aimed to prevent and decrease risks,and other safeguard mechanisms are needed.According to the requirements of the construction of "Belt and Road",this paper puts forward the main contents that should be included in the new specialized bilateral treaty,and puts forward countermeasures and suggestions on the negotiation,signing and implementation of the treaty.