Research On The Subrogation Of The Overseas Investment Insurance System

Overseas investment insurance system in practice has demonstrated a tremendous role in promoting foreign investment, and now there are three modes of overseas investment insurance system, which were Japan's unilateral Investment Insurance System, U.S. bilateral investment patterns and the German insurance system, "hybrid "mode. In overseas investment insurance system, subrogation is the core of the entire system. The right of subrogation in overseas investment insurance system has been the legal basis for subrogation in theory focused. On the basis of subrogation, the main legal basis in international law, there are two views, one bilateral investment protection agreements, subrogation clause; the other is the diplomatic protection of international law theory. Exercise of the right of subrogation correspondingly divided into two modes, one is based on bilateral investment protection agreements in the relevant regulations, through litigation or arbitration manner; Then there through diplomatic protection, through diplomatic means to achieve the right of subrogation. This paper analyzes the characteristics of subrogation to exercise the related issues of overseas investment insurance system in the exercise of subrogation rights, and China's overseas investment insurance system in the mode of choice and the right of subrogation of the system settings and exercise recommendations.