Research On Subrogation Right Of Overseas Investment Insurance Scheme

Subrogation right of overseas investment insurance is the core of overseas investment insurance system, its ability to successfully implement is the fundamental interests of overseas investors. Subrogation right of overseas investment insurance is related to the legal relationship between the investor home countries overseas investment insurance agency and the host country, so it is not a national law that can solve the problem, it should be resolved in accordance with relevant international legal norms, but while also combining with the domestic law norms. According to the needs of overseas investment,Many countries depending on the overseas investment insurance subrogation run basis, gradually formed three different operation modes:American "bilateral mode of operation," Japan’s "unilateral mode of operation", Germany’s "compromise mode. "Chinese scholars have different ideas which model should be taken, various ideas have their own advantages and disadvantages. In this paper, based on the operation of overseas investment insurance and legal relations between each subject were discussed to get the right runs. By now, China with almost 110 countries to enter into bilateral investment protection agreements. So based on the bilateral investment protection agreement in the relevant provisions of subrogation,in the same time China should be use of multilateral investment treaties, is more conducive to the promotion of China’s overseas investment insurance subrogation. In this paper overseas investment insurance subrogation dispute resolution are analyzed, combined with current situation of China overseas investment insurance subrogation and the problems for the smooth realization of overseas investment insurance subrogation put forward some suggestions.The rapid development of China’s overseas investment, is not consistent with the lack of a sound overseas investment insurance to protect the interests of foreign investors from the host country political risk.The political risk has become one of the main risks for the China’s overseas investment.The proplem of China’s overseas investment insurance subrogation is mainly in the following aspects:the lack of a sound legal norms, the insurance agency model to be adjusted, less insurance coverage, the extension is unknown, the provisions of subrogation bilateral Investment protection agreements is unknown,the less use of multilateral treaties.These problems have restricted the smooth realization of China’s overseas investment insurance subrogation. It is recommended to improve overseas investment-related legislation, the development of overseas investment insurance law and other laws and regulations; clearly defined bilateral investment protection agreements subrogation; in addition, we should actively use to promote the realization of subrogation MIGA and ICSID. The smooth realization of overseas investment insurance subrogation rights,is not only on the basis of norms of international law, but also the need to improve co-ordinated with national laws and regulations.