| As an important country in South Asia,India is not only an important country for South Asian sub-regional cooperation,but also the key to connecting the 21 st Century Maritime Silk Road.India’s infrastructure construction started late and its development is relatively backward.It has restricted the further improvement of the Indian economy.In order to promote domestic economic development and infrastructure construction,India has introduced many investment incentives to support foreign investors to participate in infrastructure investment in India.10 to 20 years will be a period of rapid development of infrastructure construction in India,and investment opportunities are huge.China’s infrastructure investment in India has shown a steady growth trend in recent years.What are the legal issues facing the investment in infrastructure in India and how to better protect the investment interests of Chinese investors and even China is the focus of this paper.Chinese investors’ investment in infrastructure in India involves three aspects of legal regulation:Chinese domestic law,Indian domestic law,Sino-Indian and investment-related bilateral agreements and multilateral agreements.Therefore,the legal security system explored in this paper regulates the basis of Chinese investors’ printing.The three levels of legal system for facility investment are based.Since China’s investment in infrastructure involves three main players – Chinese investors,the Indian government,and the Chinese government – the legal guarantees for the article are based on three main subjects: the Indian government provides a relatively fair and transparent investment environment;China as an investment From the government level,the home country provides a more complete investment guarantee system through domestic law and bilateral investment agreements with India;Chinese investors,as the main subject of investment in infrastructure investment in India,make sound investment risk assessments when investing.The overall structure of this paper is divided into six parts.The first part of the introduction briefly describes the basic issues of investment in India’s infrastructure,mainly introduces the background of the topic,the general situation of India’s infrastructure investment and the definition of legal protection concept;the second part of the article will explore the Chinese domestic law on Chinese enterprises to India’s infrastructure.The legal regulation of investment mainly includes financial policy support for infrastructure investment and overseas investment insurance system.The third part studies the legal protection of Chinese domestic legal system for Chinese investors,mainly analyzing the domestic domestic sector law for Chinese investors.The risks existed,including India’s foreign investment access legal system,land expropriation system,labor legal system,taxation legal system and environmental protection legal system;the fourth part explores the legal protection of Sino-Indian bilateral investment agreements,from investment treatment,investment The rights protection and investment dispute settlement mechanism are analyzed from three perspectives.The article concludes with recommendations for relevant legal safeguards.This chapter focuses on the three main entities investing in India’s infrastructure and proposes corresponding legal safeguards.First,Chinese investors should start from their own and build a complete investment risk evaluation system.In the contract,the Indian government has agreed on a different legal risk model.Secondly,China,as the investor’s home country,should build a legal guarantee bridge for investors’ investment in infrastructure from two aspects: first,improve the domestic investment insurance legal system and provide investment insurance for investors;second,from a bilateral perspective,with India The BITs stipulate more explicit investment protection clauses,such as the procedural design of negotiation in investment disputes and the specific rules of ad hoc arbitration.Once again,as an investment host country,India needs to respect and protect investors’ rights.Therefore,it is necessary to improve the transparency of domestic laws and policies.The National Security Review System should be launched as soon as possible for the national security review mechanism that has no statutory law.Finally,the article summarizes the above research and concludes that China’s increasing investment in infrastructure in India is an inevitable trend.Infrastructure investment is characterized by its own characteristics such as long cycle,large investment,and numerous legal departments.The legal environment is not friendly to Chinese investors.China’s legal issues concerning infrastructure investment in India are mainly reflected in the investment access stage,investment operation stage and investment exit stage.How to better protect the interests of Chinese investors requiresinvestors to further strengthen the assessment of investment risks,and refine the principle of risk sharing in investment contracts;the Chinese government must improve the relevant legal system from a macro perspective to protect investment;India must proceed from domestic law Create a transparent and predictable investment law system to protect the legitimate rights and interests of investors and further attract foreign investment. |
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