Studies On Some Legal Issues Of China Overseas Direct Investment And MIGA

It has been 30 years since china government take reform and opening-up policy. In this 30 years, Chinese enterprises were more stronger than before in capacity, technology, management and specialist. Some of them start to invest in foreign county. In this case, china government put forward the going-out policy in 2000, which encourage Chinese enterprises invest in foreign counties and participate in international competition and cooperation.As more and more Chinese enterprises invest in foreign country, it is more and more important for Chinese enterprises to learn how to avoid political risk. Comparing with the overseas investment insurance system of developed countries, Chinese overseas investment insurance system is very undeveloped. Especially china has no legal of overseas investment insurance to protect Chinese enterprises which invest in foreign countries. China government has not established a proper system in promoting, protecting and managing Chinese enterprises which invest in foreign counties. So these enterprises which invest in foreign counties should learn to work together with the Multi-lateral Investment Guarantee Agency (MIGA) to avoid political risk and protect their rights and benefits.The full paper is of more than 30,000 words which is divided into four parts, and each part read as follows:The first part expounds the present condition of Chinese overseas investment, and explain the conception of overseas investment, and the political risk which Chinese enterprises maybe encounted.The second part expounds MIGA. MIGA was formed in 1988, it insure overseas investment and promote overseas direct investment, especially for those investment in developing countries. It created subrogation system. This part explain MIGA's organization, member country, and how it to insure overseas direct investment and promote overseas direct investment.The third part expounds the advantage of MIGA. MIGA has its own special advantage. It is more stronger than the overseas investment insurance system. As an organ of the World Bank Group, MIGA can corporation with IDF, IFC, IBRD, and collect information of foreign country's policy, economy, society, culture and so on. The work of MIGA is more Systematically, more stability, more harmony than other organization which promote investment. MIGA has its own advantage to settle the investment dispute.The forth part expounds the present situation how china corporate with MIGA, and provide the meature that Chinese enterprises how to cooperate with MIGA.