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A Study On Legal Protection Of International Investment Under OHADA Framework

Posted on:2018-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:X DongFull Text:PDF
GTID:2346330515957248Subject:International Law
Abstract/Summary:PDF Full Text Request
Africa has always been one of the preferred destinations for overseas investment by Chinese enterprises,especially as China's "one side" strategy has been implemented,and more and more companies are investing in Africa.In the case of investment in Africa is so hot in full swing,as investors should maintain a rational attitude.Especially in trade,indispensable to produce trade disputes,how to better protect their legitimate rights and interests,every investor should be carefully considered.The African countries,due to historical reasons,did not form the unified international organizations to regulate foreign trade,but also did not form a unified system.This creates an obstacle to the search for reasonable protection for companies investing in Africa.But the relative,the regionalization of the legal region of Africa has made great progress.OHADA is one of the important products of regional legalization in Africa.Compared with other regional organizations,OHADA member countries of the domestic situation is stable,the investment environment is relatively friendly.In addition,the organization has established its own dispute resolution system,the need to address investment and trade disputes in terms of overseas investors is a very good choice.This article is based on the organization's dispute resolution system based on the discussion,mainly divided into three parts.First of all,investors in the OHADA member states of the investment situation was sorted out,introduced in these countries the investment environment,the analysis of the investment risks faced by the overall,OHADA under the framework of investment protection to arbitration as the main means,In this paper,the author summarizes the advantages and limitations of the arbitration system under the OHADA framework,and then analyzes the advantages and limitations of the arbitration system under the OHADA framework.The third part is the proposal to strengthen the legal protection of foreign trade investment.In practice,although the member countries have recognized this system,there are still two positive and negative views on the arbitration results.Cause different effects.In view of this,investors should strengthen the legal protection of trade disputes from the guiding principles of investment,the risk assessment of investment and the influencing factors of arbitration system.
Keywords/Search Tags:Foreign trade, Africa, OHADA, Trade protection
PDF Full Text Request
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