Research On Legal Issues Of China Overseas Infrastructure Investment

At present,all of countries in the world attach great importance to infrastructure investment.According to the OECD forecast,by 2020,the investment scale of global infrastructure construction will reach US$12.7 trillion.In 2030,the investment demand of global infrastructure construction will increase to US$55 trillion,which is equivalent to 2.5% of global GDP per year.With the guidance of China “One Belt,One Road” initiative,China overseas infrastructure investment has taken a big step forward.However,because of the cultural gap of different countries,many legal problems will inevitably be encountered in the process of overseas investment.This paper analyzes four legal issues in the field of infrastructure investment,which include the issue of environmental responsibility,labor protection,investment barriers and the risk of application of ICSID mechanism.Therefore,it is necessary for us to have a deeper understanding of these legal issues.In addition to the introduction,this thesis is divided into six parts.The first part is " The definition and status quo of infrastructure investment".This section firstly defines what is infrastructure.Secondly,it explains the meaning and characteristics of overseas infrastructure investment,and then introduces current situation of China overseas infrastructure investment.Finally,it briefly describes the legal dilemma faced by Chinese overseas infrastructure investors.The second part is “The environmental responsibilities of overseas infrastructure investment”.Firstly,it explains the necessity of protecting the environment in the process of overseas infrastructure investment.Secondly,it introduces the causes of environmental problems caused by infrastructure construction,including inadequate management,imperfect legislation and corporate compliance issues.Next,it explains the legal regulation of China's environmental responsibilities at the present stage.The third part analyzes the issue of “labor protection in overseas infrastructure investment”.Firstly,it introduces the background of labor protection,and then explains the contents of labor protection,including trade union organization and strike rights,employment system,dismissal and layoffs,and finally puts forward the shortcomings of Chinese infrastructure enterprises in labor protection.The fourth part introduces the issue of “investment barriers in overseasinfrastructure investment”.This section explains what investment barriers at the perspective of state-owned enterprises is,which may specifically involve investment access barriers and national security review barriers.The fifth part describes the issue of “ICSID dispute resolution mechanism in overseas infrastructure investment”.This part discusses whether state-owned investors can be the appropriate subject under the ICSID mechanism and the risk of applying the ICSID mechanism under the PPP model.The sixth part puts forward the countermeasures for investment legal issues in overseas infrastructure investment.This part proposes countermeasures four the previous four issues,including countermeasures against environmental protection,labor protection problems,investment barriers,and countermeasures for applying ICSID dispute resolution mechanisms.