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Several Legal Issues And Countermeasures Of Chinese Enterprises Overseas Investment

Posted on:2017-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:T L WangFull Text:PDF
GTID:2296330509457972Subject:Law
Abstract/Summary:PDF Full Text Request
With the enhancement of China’s comprehensive national strength and the promotion of international status,the economy of China has been developing unprecedentedly at a rapid speed. More and more China enterprises enter into the economic globalization.However, in the field of international investment, China’s enterprises has been frequently confronted with rejection or barrier, resulting from harsh conditions and standards of national policies or laws in various countries, which are especially for China. As a consequence, Chinese enterprises suffer heavy losses, including capital property loss and unequal legal status. Legitimate interests are not recognized, even without guarantee. At last, most enterprises are forced to do the divestment and abandon goals, and even withdraw from overseas markets.The accusation of Sany group Ralls company against President Barack Obama arouses extensive attention at home and abroad, which has a far-reaching influence and significance in the protection of China enterprises’ foreign rights. From this lawsuit, problems and obstacles China facing abroad were also exposed. This present thesis, revolving around this lawsuit, is to study several legal issues and offer some strategies, which China enterprises encounter in the overseas investment.This thesis divides into four chapters structurally.The first chapter describes the process and influence of Sany Group v. Obama.Including the process of the case and the controversial points to carry out a preliminary brief description, so as to pave the way for the follow-up analysis.Finally lay emphasis on three legal issues of China’s enterprises in overseas investment according to this case.The second chapter focuses on the issue of "foreign government-control transactions" in national security review.This chapter mainly expounds the general situation of "foreign government-control transactions" in the national security review system of the United States while combines with the emergence of the Sany Group v.Obama case, putting forward countermeasures in the light of the determination and standard of the examination items of the “foreign government-control transaction”,which according to the perspective of enterprises and government.The third chapter is about the indirect expropriation of host country.This chapter mainly explains the definition of indirect expropriation from arbitration agreements and practices.Additionally analyze a series of American acts in Sany Group v. Obama case, recognizing America has the facts and evidence for the existence of indirect expropriation.Outing of the protection of the interests of Chinese enterprises overseas investment, being faced with the problem of indirect expropriation, support some advice to enterprises and the strategy of the Government to deal with these problems.The fourth chapter is the choice of investment dispute settlement between foreign investors and host countries.This chapter is based on the existing international investment law and investment practice which foreign investors and host countries to invest in the usual settlement of the dispute.Subsequently, combine with the analysis of the "Sany Group case" about choosing the disputes settlement.Finally, provide ideas and legal methods to solve the problem of the interests of overseas investment in China’s enterprises in the future.
Keywords/Search Tags:Sany Group v.Obama, Overseas investment, Indirect expropriation, Foreign government-control transaction, Investment dispute settlement
PDF Full Text Request
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