Bot Legal Issues

BOT, the abbreviated form of "build, operate, and transfer", is a new form of international investment and financing and BOT can be defined in such a way: a host nation conclude and sign an agreement of concession in which the state confer the concession of investing, financing, operating and maintaining of a large infrastructure to investors. Investors pay back the debt of the project and recover the investment by their income from operating. When the concession agreement terminates, the investors must transfer the infrastructure to the host nation. From 1980s, BOT as a strategic style of attracting foreign investment, improving the infrastructure and enhancing the economic strength has received great attention of various host countries and investors.Firstly, this thesis discusses the concept, the patterns, the characteristics, the origin and the evolution of BOT. Then, after analyzing the parties of BOT and the legal relationship in BOT, the thesis outlines the legal characteristics and legal nature of BOT. By analyzing the cases of BOT application, author point out the difference differences of adopting BOT between in the developed county and in developing country. Furthermore, the thesis investigates legislations of BOT and its application in china, and confirms the main legislative obstacles in China. Based on the analysis of the legislative experience of western countries in laws and regulations on BOT, author sumsup three kinds of basic legislative patterns.At last, with combination of our country's BOT practices, author points out the best legislative patterns for China is special legislative patterns and...