Research On Legal Risk Prevention And Control Of China's Overseas Energy Investment Under The "Belt And Road Initiative"

In the report of the 19 th National Congress of the Communist Party of China,General Secretary Xi emphasized once again that the "One Belt,One Road" construction is a major measure for comprehensively opening up a new pattern and remains an important task.The "One Belt,One Road" rule of law construction still needs to be continued.Today,40 years of reform and opening up,Today,the Belt and Road Initiative is progressing steadily.China's foreign investment has made a historic breakthrough and has become the largest capital exporter and second largest consumer.However,opportunities and challenges coexist,and the "Belt and Road" as a new thing that is open to the outside world also faces the risk challenge of the imperfect rule of law.Since the countries along the "Belt and Road" have rich energy,"Vision and Action" defines energy investment as an important area and direction of "One Belt,One Road" investment,and deepens cooperation among countries along the "Belt and Road".The particularity and sensitivity of the energy sector,the rule of law in the "Belt and Road" countries is not perfect,but also increases the legal risks and disputes.Under the special background of "One Belt,One Road",it is particularly important for Chinese investors to take legal opportunities while preventing legal risks.Therefore,it is of great theoretical and practical significance to study the legal risk prevention and control of China's overseas energy investment in the context of the "Belt and Road".The author begins with a discussion of the types and causes of legal risks of overseas energy investment under the "Belt and Road Initiative" initiative.Then,combing the relevant legal norms of energy investment risk prevention and control,analyzing the lack of legal risk prevention and control;through the empirical analysis of typical cases,the inspiration of risk prevention and control in practice is obtained.Finally,based on the textual analysis of legal norms and the empirical analysis of typical cases,a comprehensive prevention and control mechanism for prevention,in-service and post-reliance is proposed to provide reference for Chinese investors.The program reduces risk and promotes openness.This article is divided into four parts.The first part focuses on the theme,mainly analyzing the types and causes of legal risks of overseas energy investment under the background of "Belt and Road".Because scholars have different types of risks,they basically form a classification of commercial risks and non-commercial risks,or external risks and their own risks.Legal risks mainly refer to legal penalties for violations of the laws of the host country,as well as imperfect laws and conflicts.Firstly,it introduces the concept and classification of overseas energy investment legal risks.Secondly,starting from the complexity and energy specificity of countries along the "Belt and Road",it mainly introduces national security review and analysis,environmental legal risks,imperfect legal systems and energy.Risks such as the absence of dispute resolution mechanisms;and then the reasons for the formation of legal risks.The second part mainly uses the textual analysis method of legal norms to analyze the existing international rule of law and domestic rule of law for preventing and controlling the legal risks of overseas energy investment,and then draws many shortcomings: the absence of the "Overseas Investment Law",The imperfection of the insurance legal system and the inadequacy of the use of international mechanisms by Chinese investors and the shortcomings of the mechanism itself.The third part uses the empirical analysis of typical cases to analyze the legal risks that Chinese investors often encounter in the process of overseas energy investment.In particular,energy is related to a country's security,and it has a long cycle and a large investment.It often causes heavy losses.It requires investors to raise awareness of legal risk prevention and control,improve risk prevention and control systems,and prepare for risk prediction in advance.Case analysis makes the risk more intuitive and the solution more targeted.The fourth part mainly analyzes the perfect approach of China's overseas energy investment legal risk prevention and control under the background of "One Belt,One Road".It is mainly divided into the pre-existing prevention mechanism,the in-service guarantee mechanism,and the ex post relief mechanism.The pre-prevention mechanism is mainly the construction of the legal risk assessment and early warning mechanism.Weighing various indicators to delineate the risk prediction line to monitor the occurrence of legal risks,prevent and mitigate risks in advance.The safeguard mechanism in the matter mainly refers to the improvement of substantive laws and regulations,including optimizing the BIT signed with the countries along the "Belt and Road" and improving the rule of law on domestic overseas energy investment,the rule of law on environmental governance,etc.The post-relief mechanism mainly deals with risk disputes through the energy dispute settlement mechanism.Maintaining their own interests;underwriting and reducing the proportion of losses through the overseas investment insurance mechanism.On this basis,a set of legal risk prevention and control mechanisms led by China and in line with the "Belt and Road" countries can be established.