Research On Legal Prevention Mechanism Of Energy Investment Risk In The 21st-century Maritime Silk Road

Energy cooperation is an important engine of the belt and road strategy,Vision and Actions on Jointly Building Silk Road Economic Belt and 21st-Century Maritime Silk Road clearly put forward that strengthening energy cooperation is a key area for building the 21st-century Maritime Silk Road.However,based on the sensitivity and particularity of energy resources,investors face multiple risks in entering the host country's energy market,including the risk of host country's safety review when they enter the host country's energy sector.CNOOC's acquisition of Unocal reflects the risk of entry the market.The risks,strict ratios of ownership,and complicated procedures for approval have also caused energy investors to face multiple obstacles and risks before entering other countries' markets;in the operational phase of operations,they are mainly faced with traditional political risk issues such as expropriation,war,and state-owned As well as terrorism,etc.,and in recent years,many countries have halted and imposed energy investment projects based on the name of environmentalism.Investors have suffered heavy losses while failing to receive corresponding compensation.In the exit phase of energy investment,the focus is on whether there is a With effective dispute settlement mechanisms and investment insurance mechanisms established for political risks,even if China Export Credit Insurance Corporation currently provides insurance services for overseas energy investments,there are many obstacles in practice.Looking at the current legal system,the 21 st Century Maritime Silk Road still does not have a complete set of laws against energy investment risk prevention.Even China-ASEAN cooperative organizations that have had many years of cooperation have not perfected such regulations.As energy investment activities are in full swing,the legal system confined to the past cannot necessarily solve the problem.Each case of investment failure deserves our thinking and calls for a sound legal mechanism for energy investment risk prevention.This thesis discusses the application of normative analysis,empirical analysis and comparative analysis.The first is a detailed analysis of the status quo of overseas energy investment on the 21st-Century Maritime Silk Road,including the elaboration of the basic concepts,the comparison between the current energy investment activities and traditional energy investment activities,and the development of the current overseas energy investment activities.Secondly,through the analysis and summarization of the risks faced by the energy investment of the Silk Road in the 21 st century,the typical overseas energy investment risk is analyzed emphatically,such as the risk of the market access stage,the investment process.The risk of environmental protection and the lack of effective dispute resolution mechanism,and combing the relevant legal mechanisms that should deal with these energy investment risks in the current situation.Finally,on the basis of review and analysis of the current risk prevention legal mechanism,Put forward to improve the 21 st century Maritime Silk Road energy investment legal protection mechanism of the practical recommendations.The innovation of this thesis is to explore the detailed norms of energy investment under the new situation and combine the national characteristics along the 21st-Century Maritime Silk Road and integrate the legal norms of energy investment activity under the current legal system.But also closely integrated with the current problems,highlighting the current urgent need to solve the problem of typical energy investment risk;Finally,this paper believes that the existing energy investment risk to join the existing energy investment risk,such as the risk of investment in overseas energy investment,such as levy,tax,war,MFN and other issues.Finally,this article believes that joining the existing energy investment risk prevention legal agreement-"Energy Charter Treaty" is to reduce investment risks,at the same time,the establishment of an energy cooperation community is the key to solving energy investment issues.