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A Research On The Legal Issues Of Loan Investment Mode Of National Development Banks In BRICS

Posted on:2018-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:C Y SunFull Text:PDF
GTID:2346330518450565Subject:International Law
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The BRICS countries are committed to building a closer,more comprehensive and solid partnership in the spirit of openness,solidarity,solidarity,deepening cooperation and conspiracy to develop and "open,inclusive,cooperative and win-win".In recent years,the cooperation between the BRIC countries has been deepened,and a multi-level and multi-level cooperation mechanism has been formed to lead the leaders' meetings to support high-level meetings in relevant departments and fields.BRICS National Development Bank has a high degree of flexibility in the use of financial instruments,which is of great importance to the construction of infrastructure projects and plays an important role in a country,but it limits its ability to support foreign investment due to different national conditions and domestic lawsIn today's world,resources,energy and technology have become an important factor in the economic development of a country and its participation in international competition.China's demand for resources,energy and technology has been increasing.Participation in international resources,energy and technical cooperation has become the primary choice for China's development.China National Development Bank adhering to the "going out" policy guidance,in line with the complementary and mutually beneficial,win-win cooperation policy,for the BRICS member countries of Russia,Brazil,India,South Africa,the level of backward infrastructure construction,Resources "and" loan for energy "investment model,and began to explore the" loan for technology "investment model,strengthen technical cooperation,promote technological innovation.In this paper,through the empirical analysis,normative analysis,comparative analysis and other research methods,BRICS countries of the national development bank loan investment model in the legal issues,the three models of the merits of the analysis of the ideal model to build a more in-depth and systematic study.In addition to the introduction and conclusion,the main content consists of five parts.The first part is "BRICS National Development Banks' Investment Function",examines the investment functions of BRICS countries' development banks,compares the similarities and differences in the investment functions of national development banks,and compares with the BRICS new development bank investment function,and the differences between the theory and practice of the State Development Bank to explain the reasons for the investment function and the legal function of its investment.The second part is “'loan-for-resources' investment model ",studied the operation mechanism,meaning and the constraints of the investment model,which was initiated by China's CDB as the" loan for oil ",and pointed out the law problem,and put forward the reasons for the success of the investment model and can learn from the aspects.The third part is "‘loan for energy source'investment model",to study CDB and Brazil's "loan for natural gas" as the content of the investment model of the operation mechanism,meaning,the constraints faced,pointed out that the existence of the model Legal issues,put forward the reasons for the success of the model and can learn from the aspects.The fourth part is "‘loan for technology' investment model ",to study the content of the investment model and operational mechanism,through the state practice under the model pointed out that the existence of legal problems in the model,proposed the model can learn from the first two Investment model in order to be perfect.The fifth part is "the analysis of three models' pros and cons and the ideal model",on the basis of the contents of the four parts,on the basis of the three models' pros and cons,find the ideal model for BRICS countries' National Development Banks.The main conclusions of this paper:"Loan-for-Resource" and "Loan-for-Energy" investment model As the main mode of resource and energy cooperation between China National Bank and BRICS countries,its specific operation has achieved initial results,satisfying China's own resources,energy import demand and improved cooperation The level of infrastructure in the country.However,the operation of the two investment models is based on China and BRICS countries signed a cooperation statement,agreement,minutes,memorandum and other documents,these legal documents as the two investment model of the important legal basis and legal basis,the macro investment cooperation Dispute settlement has a guiding role,but these legal documents are only cooperative framework agreement,the lack of specific rights and obligations and the details of its implementation,the actual operation is not strong.Therefore,it is imperative to speed up the improvement of relevant laws and regulations in various investment modes.Although there are still problems in the "loan-for-resources" and "loan-for-energy" investment models,the existing experience of...
Keywords/Search Tags:BRICS, National Development Banks, loan investment model, legal issues
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