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The Exploration Of Designing The Legal Security System For China’s Overseas Energy Investment

Posted on:2015-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:S Y XieFull Text:PDF
GTID:2266330428998414Subject:International Law
Abstract/Summary:PDF Full Text Request
In recent years, China`s energy policy has changed to “Going Out” strategy. With thistransition, energy investors of our country had no longer confined their sight to thedomestic market——they turned to speed up the exploitation of the overseas energymarket. However, the areas that overseas energy investment covers is extremely sensitive,investors have to manage more complex and unique risks in host country. The conflictsand balance among all sorts of forces inevitably exist in the long race aiming atconfronting risks and minimizing losses. Nevertheless, it is particularly important forChina to construct an effective legal security system,thus our overseas energy investorscould be given a permanent and full-scale protection.Combining empirical analysis method and normative analysis method, the authorexplores the designing of legal security system for China`s overseas energy investment. Asfor multilateral international treaty security system,the thesis examines the adaption ofthese treaties in overseas energy investment through cases analysis, and also adopts thecomparative analysis method to dissect the relationships between the relevant internationaltreaties. Another coordinated mechanism in the international protection——bilateralinvestment treaty provides a more specific and comprehensive protection for investors. Onthe basis of the research of Chinese bilateral investment treaties, the author concentrates onthe restriction of the power and the undertaking of the responsibility for host country inthree stages. Further more, it proposes some suggestions for contracting and modifyingtreaties in future. In addition, the domestic legal system also plays an important role in theoverseas energy investment protection. Examining China`s administrative regulations anddepartment regulations, it argues that the promotion of regulations in legislation is quieturgent,and subsequently puts forward some opinions on the engagement of the domestic and overseas system.
Keywords/Search Tags:overseas energy investment, non-commercial risks, legal security system
PDF Full Text Request
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