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A Study On China's Overseas Investment Insurance System Model

Posted on:2021-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:C C LiuFull Text:PDF
GTID:2416330602473533Subject:International Law
Abstract/Summary:PDF Full Text Request
Overseas investors who go abroad to make overseas investments face many potential risks that are difficult to control.Among them,political risks caused by host country behavior are difficult to control and respond to.However,China's current legislation on overseas investment insurance and related protection policies have failed to Enterprises going out provide adequate protection.The overseas investment environment is in crisis,and the domestic legal system is lagging behind,which seriously hinders the pace of Chinese investors going out.China urgently needs to establish and improve a systematic overseas investment insurance system to promote and protect the development of China's overseas investment.Among them,establishing the mode adopted by China's overseas investment insurance system is the primary premise for establishing an overseas investment insurance system.The first part of the article elaborates on the current status and existing problems of China's current overseas investment insurance development,including problems in the development of relevant legislation and practice,analyzes the necessity and urgency of establishing China's overseas investment insurance system at this stage and put forward that the model adopted for establishing the overseas investment insurance system is the prerequisite for establishing the overseas investment insurance system.The second part focuses on the comparative and analysis of three typical overseas investment insurance system models in developed countries,including the characteristics of the bilateral model,unilateral model,and hybrid model,as well as the advantages and disadvantages of those models,and hope to Seek lessons for China to choose models.The third part comprehensively analyzes the reasons why the above three typical models are incompatible with China,that is,the bilateral model excessively restricts the development of overseas investment insurance;the unilateral model excessively uses diplomatic protection;the hybrid model originates from the mature overseas investment in Germany and it's insurance system is rooted in the practical experience of German overseas investment insurance,and the current status of China's overseas investment insurance legislation and practice cannot meet the practical requirements of the mixed model.Therefore,it is recommended that China adopt the transition mode to the German mixed mode.Then this article further analysis the advantages of the transition mode in the operation of China's subregions.The last part puts forward several suggestions for the domestic legislation and international and domestic practice of constructing an overseas investment insurance system under this model in China,including strengthening domestic relevant legislation to clarify the underwriting conditions and underwriting scope,etc;separating the approval right from the management right,Innovate insurance products for the “Belt and Road”,reduce the underwriting rate,and promote the settlement of disputes between underwriters and policyholders;actively carry out the establishment of regional multilateral investment guarantee institutions and investment dispute resolution institutions,etc.The article uses a variety of research methods such as comparison,literature,and history.Through analysis and summary draw a conclusion,it is that the establishment of overseas investment insurance system in China should adopt the transition model based on the principle of "bilateral as ordinary,bilateral plus unilateral as ad hoc".In general,China's underwriting overseas investment insurance should be based on the signing of a bilateral investment guarantee agreement.However,overseas investors in countries that have not signed a bilateral investment guarantee agreement with China in the “Belt and Road” region are allowed to insure overseas investment insurance upon approval.On the basis of giving full play to the government's guiding role and ensuring the appropriate and stable development of overseas investment,the scope of the “Belt and Road” overseas investment development needs to be combined,and the scope of underwriting along the “Belt and Road” will be appropriately expanded to add vitality to the development of China's overseas investment.
Keywords/Search Tags:Overseas investment insurance, Political risk, Bilateral Investment Guarantee Agreement, Subrogation right
PDF Full Text Request
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