| Energy, as the scarcity of non-renewable resources，in the context ofeconomic globalization, countries are increasing demand for energy，energyinvestments among the more frequent cross-border activities.In this internationalcontext, to address the needs of our domestic energy shortages are also activelyincrease its overseas energy investment activities，and actively explore a widerrange of energy supply sources，China’s enterprises in overseas energyinvestment activities，often encounter each kinds of non-commercial risks，thusestablishing a legal mechanism to guard against non-commercial risks for theprotection of foreign investment in China’s energy has great significance. But inpractice，Chinese enterprises overseas energy investment risk has not beenestablished legal prevention system，how to make use of the existing domesticand international legal means to prevent the risk of non-commercial energyoverseas energy investment to build China rs energy investment risk preventionsystem using legal means to safeguard our energy companies legitimate rightsand interests of overseas investment，is already a reality and urgent problems.Research on overseas energy investment laws to prevent the problem of non?commercial risks，establish a sound mechanism for the prevention of overseasenergy investments our country, is of great significance.In this paper, the basic principles of international investment law to proceed,empirical analysis of the non-commercial risks in other countries of the worldencountered overseas energy investments，summarizes the characteristics ofnon-commercial risks as well as new trends，systematic study of China’s overseasenergy investments Legal safeguards for non-commercial risks，aims to improvethe construction and strengthening of domestic laws apply to international lawand other measures to guard against non-commercial risks faced by our country丨soverseas energy investment. The ifrst part of the contents of the article discussesthe background of the inevitable need to be energy overseas investments thatsafeguard national energy security. The second part of the system is the basis ofanalysis of non-commercial risks related concepts, empirical analysis of China’senergy investments in non-specific type of commercial risks，and summarizes the characteristics and non-commercial risks and new trends. In this regard ourgovernment and energy companies should be valued. The third part of the systemanalysis of the international community to prevent foreign energy investments innon-legal mechanisms and Its Implications commercial risks The fourth part isin the analysis of the system of legal protection of China’s overseas energyinvestment defects premise protection from domestic law and international law toprotect two perspectives discussed measures against non-commercial risks ofoverseas energy investments, speciifcally discussed in the following two aspects:First，through the improvement of domestic law to prevent non-commercialrisks of foreign energy investments，starting from their own legal system，theestablishment of overseas energy investments，non-commercial risk assessmentand early warning mechanisms，improve the legal system of China’s investmentabroad, a clear and reasonable guidance energy companies investment.Second，the emphasis on the role of international investment protectiontreaties，active and effective use of international law to prevent the risk of directinvestment in China’s energy politics overseas. The use of?’ MIGA Convention”against political risks of foreign direct investment of energy may face； using the“address national and State National Private Investment Disputes Conventionthat he" resolved overseas energy investment disputes，adding” the EnergyCharter Treaty/1Actively signed bilateral investment protection agreements withenergy-producing countries. More comprehensive legal protection for ouroverseas energy investments. |
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