Diplomatic Protection Of Chinese Enterprises' Overseas Investment

A great number of the China’s enterprises are attempting to go global with the benefits of the deeply development of the China’s “go global strategy”. The age has changed from the State own enterprise dominating the area to the private own enterprises are becoming a group of great power for it. However, the huge change is coming with the high potential risk. From the Libya Crisis to the Russian winter fall, the uncertain non business risk, which are hard to settled in the normal way, led to a big assets shrank for the China’s investments. Accordingly, the diplomatic protection, in some way, is the last resort, which will play a significant role of going global for China’ s enterprises. Meantime, as the private own enterprises, the way they managing the foreign direct investment is different from the way of the State own ones, which the State own ones usually will have the financial advantages and other shadow supports from the State. Furthermore, the private own enterprises, in some circumstance, are lack of the consciousness of protecting themselves from the risk. And even they are aware of the risk, they hardly could handle the problems. Therefore, the diplomatic protection should stand up and make a difference.The thesis is focusing on the foreign direct investment of the private own enterprises. Especially, studying the special of the private own business and the system of the diplomatic protection. The thesis is trying to use diplomatic protection to protect the foreign direct investment for the private own enterprises. The thesis has four chapters.The first chapter is introducing the basic concepts and idea of the foreign direct investment and the diplomatic protection. The first part of the chapter is setting up the concept and development of the diplomatic protection, and comparing two similar concepts with the diplomatic protection. The second part of the chapter is introducing the basic concept and number of the foreign direct investment of China.The second chapter is focus on the reality of the diplomatic protection for the foreign direct investment. The first of the chapter is introducing the current situation of China’s enterprises going global. The second part is introducing the ways of protecting the foreign direct investment, except the diplomatic protection.The third chapter is discussing the theoretical fulfillments of the diplomatic protection. The part is allocated to the theory of the Continuous Nationality, which is based on the cases and the Article 9 of the Draft Article on Diplomatic Protection. The second part is discussing the Exhausting of Local Remedies from the Diallo case.The fourth chapter is the last one. In this chapter, the writer wants to give the opinions. The first part is focusing on the way to perform the diplomatic protection. The second part is the advice from writer about the diplomatic protection for the foreign direct investment.