Legal Risks And Solutions Of Chinese Enterprises' Investment In West Africa

The year 2018,the third year of raising China-Africa Au Agenda 2063 Ten Cooperation Plans and fifth year of the implementation of the "One Belt And One Road" as well as the 18 th year of the establishment of China-Africa Cooperation Forum,is of great significance for both China and Africa and since when China-Africa trade volume has increased 17 times,and China's investment in Africa has increased 100 times.However,opportunities emerge as well as many legal risks,which cannot be properly solved under current BIT and ISDS and is becoming prominent in the process of investing in west Africa.This study analyzes the legal risks of Chinese enterprises in west Africa on the basis of some concrete examples and data,especially discussed the category and scope of legal risk investment and their formation reasons from China and Africa standpoints respectively.More importantly,this research put forward five countermeasures both from the government and enterprises,making every effort to make muti-dimension response to west African investment legal risks.Following the above research,this paper consists of five parts.The introduction part mainly explains the causes of the selection of the subject,describes the present academic research and presents the research methods and innovator of this thesis.Combined with the evidence analysis of specific two cases,the second part empirically analyzes the types and the causes of legal risks of investment from two aspects,west Africa and China,respectively,which lays a foundation for proposing countermeasures.According to the development of the Chinese enterprises to invest in west Africa,current situation,development model and area all the way under the new trend of development,the third part firstly expounds the progress of the risk-control and then illustrates its shortcomings.The fourth part mainly puts forward the coping strategies of Chinese enterprises' legal risk in west Africa,and elaborates them from macro and micro perspectives.The macro-government response measures mainly include:building a diversified investment legal risk prevention mechanism,improving the investment risk transfer mechanism and the risk relief mechanism.The micro enterprises should prevent and resolve risks from different aspects: not only do they need to strengthen the labor risk response mechanism and the risk response mechanism for intellectual property protection,but also focus on the BID and ICSID conventions and other non-litigation means.Last but not least,the research summarizes and looks forward to the future direction of the legal risk of Chinese enterprises' investment in west Africa and its solutions.