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Study On The Legal Risk Precaution Of China’s Oversea Energy Investment

Posted on:2017-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:X Y GuFull Text:PDF
GTID:2296330488965052Subject:Law
Abstract/Summary:PDF Full Text Request
China’s oversea energy investment has developed rapidly with the enforcement of "Going out" strategy. Nowadays, China faces both opportunities and challenges. Adopted normative analysis, case analysis, comparative analysis and empirical analysis and other methods, this thesis studies the current situation of China’s oversea energy investment carefully, tries to capture the dominance position of SOE in Chinese energy investment, and concludes the formation mechanism of it. Then this thesis tries to sum up the outstanding and typical legal risks of China’s oversea energy investment:the national security review risk in the admission of foreign investment, the expropriation、nationalization and anti-monopoly risk in the operation stage, the war and internal violence risk in the withdrawal stage. Then this paper tries to analyze these risks with three typical cases:the CNOOC acquisition of Unocal, Ralls case and Libya case. Reviewed current China’s energy investment legal risk precaution mechanism, this thesis tries to make suggestion within both macro and micro dimensions from investor and government angles after learning from developed countries.The innovative points in this thesis are as follows:First, the author tries to utilize the empirical research methodology to analyze the current situation of China’s oversea energy investment, with the use of latest data, such as the Ralls case which concluded late 2015. Second, the author tries to develop risk countermeasures from the investor’s state-owned enterprise perspective, integrating international relations theory and the latest development of investment rules in international trade.
Keywords/Search Tags:China, Energy investment, SOE, Legal risks
PDF Full Text Request
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