Research On The Risks And Settlement For Public-Private Partnership Programs In Investment Abroad From The Perspective Of The "One Belt One Road" Initiative

the One Belt and One Road Initiative(OBOR)has provided potential chances and opportunities for Chinese enterprises "going abroad" to undertake the PPP project,while the infrastructure construction of OBOR surrounding countries are lagging,and a huge demand for infrastructure construction is on the verge.The infrastructure construction of Chinese enterprises in the surrounding countries of the OBOR regarding the implementation of the PPP project is on the rise,and PPP becomes the primary mode in conducting foreign investment for Chinese enterprises.Whereas so many factors have posed many risks including but not limited to political,legal,exchange and operational risks.To adequately protect the interests of the Chinese investors regarding the PPP project investment in the surrounding countries of the OBOR,the author analyses feature of risks and causes of the foreign investment of PPP project and illustrate the solution of risk management in three key aspects.Namely:the prevention of risks,the transfer of risks and the remedy of risks.This paper can be divided into three chapters:The first chapter introduces the PPP mode under the OBOR,although there is no universal definition of the PPP.Though the analysis of the comprehensions of PPP among different countries and international organizations,the essence and essential features of the PPP can be unfolded.After the legal search of relevant domestic laws and regulations,the current developing status of the PPP can be pictured.Lastly,the analysis of the OBOR shed light on the close connection between the OBOR and PPP.The core of OBOR the infrastructure construction while the PPP mode is regarded as the primary way of the investment of infrastructure construction for China,hence,set the foundation for the further analysis of the PPP under the OBOR concerning the risks and risks management mechanism.The second chapter introduce the current status of the Chinese enterprises'investment of PPP project in the OBOR surrounding countries,in accordance with the Risk Assessment Report of Chinese Foreign Investment in 2019 and relevant documents.And then illustrates the potential risks of Chinese foreign investment of PPP project under the OBOR:political,legal,exchange,operational risks and analyses the cause of risks from the perspective of the state,PPP mode and enterprise,which sets the tone for the solutions for the risks management thereof.The third chapter deals with the solutions for risks regarding the foreign investment of PPP project for Chinese enterprises.The first sphere lies in the prevention of risks,primarily the function of enterprises and BIT.The second sphere focus on the transfer of risks,mainly China Export and Credit Insurance Corporation and MIGA.The third sphere denotes the solution for dealing with risks,negotiation and mediation,the judicial remedy of the host country and investment arbitration are summarized and analyzed.In conjunction with the one-step,diversified platform of dispute resolution set up by the People's Supreme Court of China,the author wants to shed light on the resolution of risks concerning the foreign investment of PPP project conducted by the Chinese enterprises.