Font Size: a A A

Environmental Protection To China’s Overseas Investment Location

Posted on:2014-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:L ShangFull Text:PDF
GTID:2256330422953977Subject:Law
Abstract/Summary:PDF Full Text Request
Chinese overseas investment amount is increasing every year, causing greatconcern in Western developed countries. Overseas investments not only bringeconomic benefits, but also make China go down to “environmental threat theory”. Asemerging developing countries, china has leaped to he foreign investment in theworld’s second largest country, can not repeat the path of Western countries“treatment after pollution”, but should get economic benefits and protect the naturalenvironment of the host country at the same time for sustainable development,international relations, and strive to achieve win-win result.China as investors’ home countries, it should be in the process of overseasinvestment in self-regulation, the negative impact strive for balance foreigninvestment brings economic benefits and environmental damage. Environmentalprotection from the point of view of the mother country for settlement of Investmentcause helper methods of the host country environmental issues, political, economic,legal and other aspects of the justification. Extraterritorial application of domestic lawin this particular case, the home country regulation overseas investment andenvironment possible. The Ministry of Commerce in2013promulgated the"Investment Guide", which is trying to regulate foreign investment to environmentalissues in China’s initial attempt. The legal basis of the regulation overseas investmentenvironment in administrative regulations, regulatory requirements for foreigninvestment enterprises are scattered among the relevant documents, and signedbilateral investment treaties with other countries, few regulations on environmentalprotection. The United States as developed countries, although no specific regulationsfor overseas investment to environmental issues, but its economy through domesticlegislation, the emphasis on corporate social responsibility, in judicial practice denythe personality of the Act, bank credit standards as well as overseas insurancethreshold resolve overseas investment caused by environmental problems. Increasethe relevant provisions of the amendments to the bilateral investment treaty andenhance investor constraints played a certain protective effect on the environment of the host country. China as an emerging investment countries can learn from thepractice of the United States, to further improve domestic legislation as well asbilateral investment agreements related content.
Keywords/Search Tags:overseas investment, environment protection, rule by home country
PDF Full Text Request
Related items