Research On Legal Risks And Precautions Of China's Overseas Investment In Nuclear Power

Although the impact of Fukushima nuclear accident has not dissipated, many countries began to restore the development of nuclear power and actively introduce advanced nuclear power technology and foreign capital to build their own nuclear power industry in order to ensure the rapid development of their economy necessary energy supply in the background of the current global energy demand and high standards of environmental protection. In this context, China should timely speed up the pace of oversea nuclear investment cooperation and actively develop foreign nuclear power projects for the national strategy. Although the nuclear power enterprises in China have a large number of nuclear power operation experience and management experience and independent intellectual property rights of the third generation of nuclear power technology, with strong nuclear power comprehensive strength, China has to face the fierce international competition in the international nuclear power market.From the perspective of international investment law, this article analyzes the legal risks of China's overseas investment in nuclear power and puts forward some preventive measures based on overseas investment legislation in China and the main nuclear power investment legal system in the host country and the cases of foreign nuclear power investment which include some other energy investment cases. Through the analysis of the legal system of Chinese nuclear power investment in the host country and combined with the characteristics of nuclear power, the legal risks of China's overseas investment in nuclear power include the risk of national security review, the risk of antitrust review, environmental legal risks and so on. From the practice of China's overseas investment in nuclear power, the risk which caused huge losses has emerged in China's overseas investment in nuclear power because there is no full investigation and preparation about the legal system of the relevant investment target countries.Based on the status quo of China's overseas investment in nuclear power, this paper analyzes the legal risk of China's oversea nuclear power investment, and puts forward some suggestions on how to prevent various legal risks from the three perspectives of international law, Chinese domestic law and nuclear power enterprise. At the level of international law, China should make full use of existing multilateral mechanisms(such as the "Energy Charter Treaty", "Convention on the Settlement of Investment Disputes between States and Nationals of Other States" and other multilateral treaties).And legal risks and investment disputes solution should expressed and agreed in advance in the bilateral investment treaty negotiations. China's overseas investment legal system should be improved as soon as possible to adapt to the expanding reality of China's overseas investment in nuclear power and escort Chinese nuclear power enterprise. Nuclear power enterprises should also pay attention to legal risk prevention in the process of overseas investment in nuclear power. Nuclear power enterprises themselves should carefully investigate the legal environment of the host country, the target business management and litigation situation to avoid the lack of foresight on the legal risks caused by nuclear investment suspension or termination of the project which can bring great losses to the enterprise.