Research On Legal Issues Of Environmental Protection In Chinese Overseas Energy Investment

With the development of global economy,the demand for energy is rising.And overseas energy investment is becoming an effective way to achieve capital value.Since 2000 the "going out" strategy,China's development of overseas energy investment is keeping rapid.Therefore,how to coordinate with overseas energy investment and environmental protection problem is more and more important.In order to discuss the environmental protection questions of Chinese overseas energy investment,the article is divided into six parts.The first chapter is an overview of overseas energy investment of China.And it is divided into three parts,such as,the current situation,the characteristics of China overseas energy investment,the influence of environmental risk.The second chapter is the practice of Chinese government for enterprises to invest overseas energy.The third part of this article on the basis of the second part,and points out that although the Chinese government has done a lot of effort in environmental protection of enterprise overseas energy investment,there are still many problems in environmental protection of enterprise overseas energy investment.The forth part mainly analyzes the reasons of Chinese investment in overseas energy environment and the reasons can be divided into four levels,namely,imperfect the existing system and the framework of national law,the lack of environmental protection provisions in the investment agreement,the blindly lending of bank and financial industry.They are lack of awareness of environmental protection.These four aspects is Chinese enterprises to invest overseas energy is most closely linked.The fifth part of the article is the extraterritorial practice of energy overseas investment,this part lists the regulations on energy investment outside and the relatively perfect international treaties,investment agreements and self-discipline agreements,according to the analysis,they can be suitable for application in China.The sixth part is the countermeasure.After analyzing the existence of China's investment in overseas energy problems and the international experience,the suggestions to solve the existing problems of overseas energy investment in our country.The background of "The Belt and Road" strategy,along with the national energy cooperation and energy superpower of the world,will lead to the construction of theperfect legal protection system becoming necessary.The process of Chinese investors in the overseas investment in energy should also realize that with the expansion of environmental protection awareness and the influence of major international organizations,the enterprise should undertake overseas energy investment in environmental protection on the issue of liability.In addition,to solve the problem of environmental protection of "The Belt and Road " strategy,the country,financial institutions,government and enterprises have to work together.We should combine with the present situation and development trend of overseas energy investment activities by analysing overseas investment legal protection system and learning their mature practice.And if we can do it,we will strengthen the construction of legal protection system,promote the improvement of foreign lending system,and boost the bilateral and multilateral investment agreements.It's good for us to properly handle the relationship among the host country,China and the investors and to maintain the balance of interests of all parties.Chinese as the advocate of " Belt and Road Initiative","The Belt and Road" that we want to build is not the polluted " Belt and Road Initiative",that is to say,we want to build green " Belt and Road Initiative".Therefore,in the future,whether it is signed in the investment agreements or in international exchanges and cooperation,China should actively undertake environmental protection duty.With the further expansion of Chinese overseas energy investment,the issues of environmental protection energy investment abroad will become a system engineering.China has to set a good example in the environmental protection of overseas energy investment.