| The “Belt and Road” initiative has received extensive attentions all around the world since its introduction in 2013.This has sparked considerable increase of China's oversea investment since then and also led to remarkable accomplishments over the years.However,there are also inevitable failures which lead to substantial losses.Opportunities and risks are often accompanied by each other.The “Belt and Road” initiative has brought in new markets and opportunities,but meanwhile it has also brought in uncertainties to some extent.Emerging economies and developing countries are the major force of the “Belt and Road” initiative.As many as 65 countries and regions involved are quite different in all dimensions,such as history,politics,religion,culture,economy,law and so on.Our enterprises will encounter a variety of commercial and non-commercial risks in the process of the investment.These risks may lead to the formation of investment barriers,and even intensify the possible disputes.Among them,the non-commercial risks have become the mainstream.Therefore,the establishment of effective oversea investment risk prevention mechanism has become the top priority of China's economic system reform and the “Belt and Road” project,and also the necessary initiatives to protect and enhance the confidence of the foreign investment of our enterprises.In this paper,we divide the current oversea investment non-commercial risk into two categories: political risk and legal risk,based on careful analysis of the relevant literature.We analyze the shortcomings of the domestic law and the bilateral and polytropic agreements regarding foreign investment protection,and draw lessons from the experience of other countries' effective practices.We also provide practical and feasible legal advice to prevent the two risks of the oversea ventures from both national legislation and individual enterprises levels,which will contribute to the legal protection of our oversea investment under the “Belt and Road” initiative. |
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