Research On Legal Issues Of The Investment Of ASEAN’s Infrastructure For Chinese Enterprise Under The Background Of "One Belt And One Road"

Currently, the global economy is not yet out of the woods of the financial crisis, all major countries are eager to promote national economic recovery and development by exploring more extensive and profound regional economic cooperation and accelerating the transformation of investment patterns. The United States is building a new pattern of international and regional trade with the leadership of the Trans-Pacific Partnership Agreement (TPP) and transatlantic trade and investment partnership agreements (TTIP) as the wings, aiming to build the Asia-Pacific free trade zone and the US-European Free Trade Area. In that international environment, the President Xi Jinping proposed the great idea of "One Belt And One Road" from a global and peripheral strategic height. This is an important guidance for China to deal with challenges and threats in the developed countries, optimize opening pattern, maintain friendly relations with neighboring countries, deepen the regional exchanges and cooperation, and seek common development in the new era.The economic and trade relations between China and ASEAN has become more important under the strategic background of "One Belt And One Road". ASEAN is an important area for Chinese trade and foreign investment that cannot be ignored, and also an important bond for the "21st Maritime Silk Road". Since China and ASEAN established a "strategic partnership" in 2003, the two sides trying to deepen cooperation in the fields of trade, investment, agriculture and information industry has developed rapidly. After 2013, the relationship between China and ASEAN will enter the "diamond decade", China-ASEAN Free Trade Area will also enter the stage of rapid development, and infrastructure interoperability will be an important content and foundation for the Maritime Silk Road in the 21st century. ASEAN’s economy has entered a period of rapid growth, and the existing infrastructure can not meet the needs of economic development, meanwhile, poor infrastructure also restricts the exertion of the overall effect of the free trade area.The infrastructure development in ASEAN countries is uneven because of different economic development. In general, in highway construction, in addition to Singapore’s dense highway network, the overall length of the highway in other countries is shorter, There is not even a highway in Cambodia; in railway construction, the railway hardware standards in ASEAN countries are inconsistent, and the poor rail infrastructure affects cross-border construction of the railway in each country seriously; in the construction of airports and ports, the numbers of airports and ports in ASEAN countries are very high, but large-scale international airports and ports with complete hardware equipments are relatively small; for electricity, energy structure is based on oil and gas in ASEAN countries, which is in short supply. It is estimated that there will be a shortfall of 52.68 million kilowatts in the 5 Indochina countries for the next 20 years. The potential demand of infrastructure for ASEAN countries presents tremendous opportunities, but also will become an important field of Chinese investment in ASEAN, and bring more market opportunities for Chinese engineering contracting business.There will be opportunities and there will be challenges as well, Chinese enterprises go abroad, and will face a lot of problems and risks inevitably for the investment market of ASEAN infrastructure. This paper attempts to analyze the legal issues to be faced for Chinese enterprises with the relevant provisions of international investment law as the theoretical basis, starting from other relevant legal issues on market access of investment, financing of infrastructure construction, investment risk, such as labor and environmental issues, issues of contract etc., meanwhile offer solutions according to the existing law system in ASEAN countries, and provide opinions for Chinese enterprises to play a dominant role better in the ASEAN infrastructure market.During the study, the author used the literature analysis, comparative analysis, statistics and other research methods to analyze the possible legal issues on the legal environment in ASEAN countries and the investment of the infrastructure projects. In theory, the author’s analysis focused on the legal characteristics of the investment overseas on infrastructure construction. On the status quo in terms of infrastructure of ASEAN countries, according to the strategic background of "One Belt And One Road", combined with policies on Interconnection in ASEAN countries, the author mainly analyzed the situation of transportation and communication infrastructure in ASEAN countries.In terms of legal issues to be faced by Chinese enterprises, according to the characteristics of overseas investment in infrastructure projects, the author focuses on the legal issues of several aspects such as market access, investment analysis, risk financing, these factors will have a direct impact on the successfulness of the investment on ASEAN infrastructure projects for Chinese enterprises.