Conflict Of Laws And Investment Strategy In Transnational Investment

In recent years, along with Laos on the support and encouragement of foreigninvestment continue to strengthen our investment in Laos has increased steadily. Inthis context, China’s trade with Laos increasingly linked. As Chinese enterprises"going out" to accelerate the pace and expand the scale of investment, andcross-border investment-related laws conflict presents many new features. These newfeatures to some extent, investment companies challenged.The first part is the introduction, the main analysis of the writing background, thesignificance of writing, writing ideas and innovations.The second part of this paper analyzes the conflict of laws and concepts andfeatures of cross-border investment. In general, the legal norms of conflict mainlyincludes three aspects, namely, the legal system of a country conflict internal legalnorms, international legal norms conflict with domestic law and domestic laws andregulations conflict with foreign legal norms. In this paper, the meaning of"cross-border investment" in the conflict of laws mainly from the two aspects isanalyzed. Cross-border investment is an important means of national participation inthe international economy; it is more complex than domestic investment. Corporatelegal conflicts in cross-border investment in various forms, from multinationalcompanies to the mode of operation of product liability, communicate informationfrom the company to the government regulation, from the standard of treatment forforeign investment and investors, national responsibility and right of diplomaticprotection, nationalization and compensation to the discriminatory provisions exist inall aspects of conflict of laws and transnational business risk.The third part of this paper analyzes cross-border investment in conflict of laws.Laos in the law foreign investors can set up wholly owned enterprises, Joint StockCompany or co-operative way of direct or indirect investment. On the mode ofoperation permitted by law and in accordance with domestic laws and regulations inLaos, mainly in general management, operation and franchising of three SEZdevelopment and economic zone within. Laos rules in labor law, intellectual property, environmental protection and China is somewhat different. Characterized bycross-border investment in conflict of laws, including conflict of laws Public Lawmajor, multi-layered conflict of laws, the legislative jurisdiction of the conflict withthe referee of jurisdiction and conflict of laws conflict combined with availablepreventive and non-insured property. Legal conflict may lead to the loss ofcommercial and legal liability risks they may bring serious damage to the credibilityof China’s overseas investment, it may cause a great waste of social resources, mayalso inhibit the development of overseas investment.The fourth part of the article analyzes the geographical advantages of Laos andChina’s foreign investment strategy, and how to deal with conflict of laws. Overall,the country with respect to Laos, in the level of economic and social developmentbetter than its leading, production overcapacity in the domestic market and havesufficient funds to stimulate foreign investment, while neighboring Laos and China,has a certain location advantages, and China’s economic and social development arecomplementary, which also created a fast-growing trade and investment between thetwo countries. Laos has the following geographic conditions can utilize for ourcountry. First, the rich resources contribute to the development of our economy andsociety; Second, China’s industrial development in Laos and the order of interrelated;third, mutual needs transportation and tourism fields. According to the Lao andChinese enterprises to invest in the investment environment in Laos situation, thefuture Chinese enterprises to invest in Laos, mainly in the agricultural machineryindustry selection, textiles, minerals, machinery and industrial equipment and servicesin three aspects. In response to conflict of laws, the enterprises should strengthen thetraining of legal knowledge and improve investor awareness of the law, and improveinternal governance corporate legal risk prevention mechanisms, and improve foreigninvestment enterprise intellectual property management and protection mechanisms.