Font Size: a A A

Research On The Legal Issues About Chinese Energy Investment In Indonesia

Posted on:2012-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2216330338459278Subject:International law
Abstract/Summary:PDF Full Text Request
As one of the basic elements on which a nation relies for survival and development, the energy demand increases progressively based on the rapid development of modern economy. Nowadays, in the context of economic globalization and regional economic integration, the economic strength of China increases ceaselessly and Chinese enterprises hold the banner of"going global"to take an active part in global economy. Since entering into the 21st century, China-Asean Free Trade Area becomes the focus over the world. With the closeness of political and economic relations between China and ASEAN, China and each country of ASEAN cooperate increasingly in all fields, including the cooperation on energy. Countries of ASEAN become the energy investment target of Chinese enterprises. As the largest economic entity in ASEAN and the energy power in Southeast Asia, Indonesia has become one of the important energy investment targets of Chinese enterprises. However, the cooperation between two countries has some barriers in practice.Based on the current situation for China's energy investment to Indonesia, this paper has analyzed the legal issues like investment access, political risk and overseas investment insurance system faced by China during the process of investing in Indonesian energy field through combining the legal system of energy investment in Indonesia; furthermore, the paper has proposed the corresponding legal measures through considering the national conditions and legal system of China. Specifically, I believe that under the current political, economic and social environment of Indonesia, China should give close attention to the development and change of various laws and regulations and economic policy in Indonesia, and have a good grasp of the adjustment and change of Indonesia's policy on China during the political transition when investing in energy field in Indonesia. On that basis, China should make full use of adoptable investment measures under CAFTA; join in the International Energy Agency to effectively utilize the multilateral investment protection mechanism; further perfect the bilateral investment treaty in energy field between China and Indonesia; and properly exercise the rights of diplomatic protection on the international level. In the aspect of the national laws, China should improve the domestic and overseas investment protection system, and establish and perfect the legal mechanism for China's energy enterprises guarding against overseas investment risk; the investor should implement comprehensive legal risk evaluation to investment project in the preparatory stage and establish a long-term and effective mechanism for guarding against legal risk in the operation stage; and the state should give more support to Chinese investors having energy investment in Indonesia in the aspects of policy and technology, so as to guarantee Chinese enterprises'investment interests in Indonesia.Besides the introduction and conclusion, the paper includes five parts, which are about 33,000 words totally. As regards the Introduction,it mainly dissertates the background of the selected topic, research object and research status.Part one"Overview". Firstly, it discusses the basic connotation, distinctive features and principal forms of international energy investment; and then describes the political and legal environment and main investment models adopted of Chinese energy investment in Indonesia. Furthermore, it introduces the current situation of Chinese energy investment in Indonesia.The second part is about"Issues of Chinese Energy Investment Access in Indonesia". The chapter firstly analyses the legal formation and the national rights related to energy investment access of the energy industry investment access from the legal theory perspective. Then the author concretely analyzes the basic content of foreign investment access system in the energy field of Indonesia mainly from the aspects of investment range, requirement of foreign investment's shareholding ratio, organization form of foreign investment, performance requirement and investment approval, so as to find and analyze problems.The third part is about"Issues on political risks of Chinese Energy Investment in Indonesia". Owing to different economic environment, cultures and customs, legal system and national interests demand in different countries and the existence of other elements, and as the energy is more important for a country's development, the political risks faced by transnational energy investment is generally greater and more complicated than that of domestic investment. In the paper,the author analyzes the political risks like expropriation risk, war risk, governmental breach risk,and cultural integration risk faced by Chinese enterprises'energy investment in Indonesia in details. After that, In order to control the risks it puts forward the relevant legal countermeasures .The forth part is about"Legal Defects of Chinese Overseas Energy Investment Protection". By discussing the institutional barrier and actual risk of Chinese enterprises'energy investment in Indonesia starting from Indonesia, the chapter focuses on analyzing the legal defects of Chinese overseas energy investment insurance from the legal system of China, which covers issues of the role of the international organization participated by China, multilateral and bilateral agreements, and the legal system in China.The fifth part is about"Prospect and Legal Countermeasures of Chinese Energy Investment in Indonesia". Combining with the above issues analyzed and the prospect of Chinese energy investment in Indonesia, the chapter puts forward the relevant legal countermeasures, aiming to give more protection to Chinese enterprises implementing energy investment in Indonesia.
Keywords/Search Tags:Indonesia, Energy Investment, Investment Access, Investment Risk, Oll (overseas investment insurance)
PDF Full Text Request
Related items