Font Size: a A A

Legal Thoughts Of China Overseas Investment Infrastructure Sector Through PPP Mode

Posted on:2017-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q ZhaoFull Text:PDF
GTID:2296330485479936Subject:International law
Abstract/Summary:PDF Full Text Request
At the present stage,China is implementing the “The Belt and Road” strategy with countries along to achieve mutual benefit and win-win. Since some of those nations have great demand in infrastructure,Chinese enterprises can participate in them investing in their infrastructure through PPP model. PPP model can not only motivate the enthusiasm of private capital, but also reduce the risk of the parties, making sure that each plays his own advantages to achieve mutual benefit and promote the complement of infrastructure.The first chapter introduces some concepts under the PPP mode and compares some similar concepts, and cites a number of classification of PPP by some organizations in order to get more in-depth study. Then this thesis starts from the necessity and feasibility to analyze why "The Belt and Road" infrastructure areas should invest in PPP mode.The second chapter analyzes the PPP legislation in UK, US, Australia, Japan, Korea and other countries. These countries implement PPP mode much more earlier, they have a wealth of project experience and more advanced legislation.It is worthy to learn for China. Legislation in China started later, in order to departmental regulations and local regulations, guidance documents mainly existence of a lower-level legislation nowadays, however still has some competent authority confusion, unclear property law and other issues.The third chapter introduces some legal risk during the "The Belt and Road" investment in the infrastructure sector.In PPP project, the rights and obligations of the parties are determined by contract, so we need to pay lots of attention in drawing up these contracts in order to the prevention of legal risks. This thesis combed PPP project participants and the main contract for developing the contract issues that need attention, and then warned some other legal issues risks.In the fourth chapter of "The Belt and Road", the infrastructure sector investment using the PPP model dispute resolution mechanisms were introduced. According to different situation,we may choose different methods among common negotiation, mediation, litigation, arbitration and other domestic law remedies or submit to WTO, international Center for Settlement about investment disputes and other international law remedies. Each dispute resolution need to meet the conditions of the dispute resolution mechanism accroding to it own features in order to select the appropriate way to safeguard their legitimate rights and interests.The fifth chapter puts forward some relevant proposals to improve the legal system of the PPP from domestic aspects of national law on the basis of the previous four chapters of foreign investment in China in the field of infrastructure under the PPP model.The establishment of foreign investment legal system, in order to improve the bilateral or multilateral agreement on investment protection. The enterprises should establish a legal risk prevention awareness, pay attention to the contract disputes in time in order to seek protection.
Keywords/Search Tags:Foreign investment, PPP mode, Legal risk, Dispute Resolution
PDF Full Text Request
Related items