Political Risks Of China' Energy Overseas Direct Investment And Legal Precaution

In the context of the economic globalization, energy as a country's economic and social development of important resources, with the world economy, the rapid increase in world population and rising living standards, Their demand is also growing.As countries increase the demand for energy, energy is also growing overseas investment.Energy resources in the geographical distribution is uneven, and the distribution of energy resources are relatively concentrated.A national energy demand will depend on the economic scale and speed of development as well as specific economic sectors of the resource requirements.But at present the various countries economic situation had decided the energy resources habitat and between the energy consumer center is not unified.The energy resources and between the energy demand dislocation had decided regardless of considered for a long time from the short-term.All countries to solve the energy issue should be based on international investment. In this context, foreign direct investment on the issue of energy is necessary to study.The foreign investment laws and regulations is not in particular perfect at present regarding our country, in policy unstable situation.The establishment of political risk prevention mechanisms for the Law of the country's energy overseas investment is of great significance.In has formulated in the laws and regulations, the serviceability is not strong, and the control laws and regulations excessively are many serve the safeguard too to be few.It is Often difficult to produce in accordance with the law no laws, regulations, out of touch with the actual phenomena.In the energy investment laws, regulations, which is less and less.This shows that China's energy overseas direct investment risk prevention law system has not been established.How to make full use of existing domestic and international legal means to prevent foreign direct investment in China's energy and political risk, build China's own energy investment risk prevention system and for China to use legal means to protect the energy enterprises in overseas investment, this is a practical and urgent problem.Studies our country energy overseas direct investment the political risk law guard question, regarding our country corresponding legal regime establishment and consummation very big promotion significance.Establish a sound mechanism for preventing foreign energy investment in China is concerned, is of great significance.This article from the Multilateral Investment Guarantee Agency, bilateral investment agreements, foreign investment in the home country legal insurance system, and concluded a number of legal prevention mechanism.China's energy enterprises in deciding how to prevent overseas investment in energy, political risks to the various means of prevention practices and weaknesses are familiar with the degree of certainty.The host country to overseas investment in energy while also can use the appropriate legal means to prevent its investment in the political risks.But they also have a preventive effect than the above-mentioned means are good legal system, that is, overseas investment insurance system.Such a system of the national Government for the undertaking in fact, the backing of national sovereignty, often with bilateral investment guarantee agreement with each other, usually only to the overseas investors to make a strong preventive effect.In view of the fact that the present our country foreign investment energy overseas direct investment development tendency is in particular swift and violent, but the foreign investment protection legal system is extremely imperfect, our country's energy investor lacks the enough investment security sense, herefore, the development of China's official foreign investment insurance law, the establishment of overseas investment insurance agencies, in particular to strengthen the regulatory system for energy and protection of norms, is status and trends of China's foreign investment in the necessary requirements.This article embarks from the international investment method basic principle, the real diagnosis has analyzed the political risk which our country and the world other country energy overseas direct investment suffers.And proposes the political risk new change; The system inquired into our country energy overseas direct investment political risk legal guard, is for the purpose of through legal consummation and system measures and so on safeguard guards against the political risk which our country overseas energy direct investment faces.The article first part elaborated our country energy overseas direct investment political risk basic question, has analyzed our country energy overseas direct investment present situation and the characteristic.The second part of system analysis international society has guarded against the overseas energy direct investment political risk the legal mechanism and the enlightenment.The third part of system, the real diagnosis have analyzed our country energy overseas direct investment political risk law guard existence flaw.The fourth part is the focus of this article was proposed from the perspective of laws and institutions to improve the energy investment against political risks facing, specifically, there are three perspectives:First, prevention of domestic law through the improvement of foreign direct investment in China's energy and political risk, start from their own laws to improve, at every step, layers of prevention.The specific measures include:1. Improves our country foreign investment legal framework, guides the energy enterprise reasonably the investment trends,2. consummates our country foreign investment issurance system as soon as possible,3. The establishment consummates the related energy foreign investment the special law and the system,4. Establishment energy foreign investment political risk appraisal and early warning mechanism.Second, prevent effective use of international law, foreign direct investment in China's energy and political risk. Active and energy-producing countries signed a bilateral investment protection agreements; using the "Convention on the Multilateral Investment Guarantee Agency," on foreign energy investment against political risks; using the "solve the country and his State Convention of Investment Disputes private" settlement overseas energy investment disputes.