The Research Of Legal Measures Of Using Miga Mechanism In China Under The Background Of "Calvo Doctrine" Regeneration

At the end of twentieth Century,the Calvo doctrine is considered "death",but the Calvo doctrine gradually return to a rebirth in a great quantity of international investment disputes among the host countries.This trend has been found in different degree in all continents,including not only the developing countries but also developed.The Calvo doctrine of "regeneration" is different from the original one,it is aimed at the international investment arbitration infringement on the sovereignty of the host country and policy space.under the background of the resurrection,China should rethink on its own laws and policies of international investment.But China's overseas investment insurance system does not matched the high-speed development stage of foreign investment in China.Through the "The notice of overseas investment risk protection ","The notice of foreign financial and insurance support”and Chinese sinosure and its “insurance guide”,China has established the framework of the current foreign investment insurance system.But these sets are so general that can not be uesd.Under the background of the international and domestic,the development of the overseas investment insurance system in China inevitably needs to learn from the experience of the The Multilateral Investment Guarantee Agency(MIGA).MIGA has been widely recognized and achieved great success in the field of overseas investment promotion and insurance.our country is a member of the MIGA,but the letter of cooperation between China and MIGA just stay in a cooperative intent,it is difficult to put it into practice.In order to perfect our country's overseas investment insurance system,accumulat the overseas investment insurance experiences,promote the overseas investment of our country,China must use the MIGA.As far as our country is concerned,the primary task is to use the platform to accumulate the experience of overseas investment insurance in order to improve the legal system of overseas investment insurance in china.Through the use of MIGA and on the basis of “the Measures for the administration of overseas investment”,we can making “The Law of Foreign Direct Investment”.And set up a chapter in the “The Law of Foreign Direct Investment ”,which is include the general provisions of the overseas investment insurance system.The contents should contain the insurer,the insured,insurance coverage,insurance period,and the application conditions,compensation procedures,and so on.And then with the relevant implementation rules,to improve China's overseas investment insurance system.Secondly,aimed at China's capacity and demand of the overseas investment insurance,China should be involved in MIGA related insurance plan,currently.Specifically include the following three aspects: firstly,to participate in MIGA's “Cooperative Underwriting Program” and “Facultative Reinsurance”;secondly,strengthen publicity of MIGA and training related professionals;thirdly,establish information sharing mechanism with MIGA.