Risks And Its Precautions Involved In Chinese Enterprises' Outward Direct Investment In Arctic Countries

The State Council Information Office of the People's Republic of China published a white paper titled"China's Arctic Policy"?hereinafter“the white paper”?on January 26^th,2018,which triggered a nation-wide concern among various industries in China.As“One belt one road”policy became the impetus of global cooperation in production capacity,China's Outward Direct Investment industries has emerged the greatest opportunity ever.In the fourth part of the white paper,concerning China's policies and positions on participating in Arctic affairs,it says that China encourages its enterprises to engage in international cooperation on the exploration of Arctic resources by making the best use of their advantages in capital,technology and domestic market.This paper will focus on international law origin and the arctic council politics for the arctic,natural resources development and utilization of resolution,environmental protection,research and participate in the arctic affairs in our country,our country enterprise to the specification of the arctic national investment.This paper is divided into four parts:first of all,this article introduces the concept of"arctic national"and the special risks in the arctic national direct investment of Chinese enterprises,as well as the types and reasons of these special risk,for the"risk"discussed in this paper a general summary,and highlighted the diversity of the research question in this paper.The author thinks that,"the arctic national"is a geopolitical concept.Inside the Arctic Circle in Sweden,Finland,Denmark,Norway,Iceland?generally referred to as the"five Nordic countries"?,Russia and north of Canada and the United States is"arctic national"are discussed in this paper.Then,the paper discusses the special geographic conditions,based on the arctic of special risks and its causes.Summer arctic ice sheet melt by sea,provides a natural condition for the development of arctic routes.For direct investment of Chinese enterprises in the arctic national,commercial ship operations and icebreaker manufacturing industry has a very attractive.However,the climate change creates big is often accompanied by potential business risk.The seal of the arctic council and spitsbergen treaty of bergen build management system of the arctic regions also constitutes the Chinese enterprise in special direct investment risk in the arctic.Secondly,the author that the risk can be divided into two categories,namely the security and the risk of security risks,studied our country enterprise carry out foreign direct investment in the nation shall comply with the host country law and could face legal risk.In security risk is discussed,the author enumerates the national security review risk and risk of antitrust review;The security risks,the author enumerates the labor law compliance risk and environmental risk.Arctic special geographical conditions,the geopolitical situation complex,political power interconnected,generational,murky its transformation.In such a complicated geopolitical situation,China's arctic policy and increase the engagement of the arctic affairs,there is no doubt that the domestic capacity structure optimization,the overseas market development has a great help,but at the same time is associated with one of the"China threat theory"of Chinese enterprises in the arctic national investment projects of non-commercial risk.At the same time,the arctic countries are developed country,its domestic all have perfect antitrust legislation,its access policy of attracting foreign investment also attaches great importance to antitrust scrutiny.Especially in Sweden,Finland,Norway,Denmark,Iceland and the Nordic countries,due to geographical factors,the arctic more dependent on the market,will pay more attention to the investment behavior of the overseas investors will eliminate or restrict the domestic industry in the local competition.China as foreign investment share of the growing power,on the one hand,to guide,supervise and urge its companies pay attention to guard against antitrust scrutiny in the arctic national merger projects risks,but also to grasp the initiative,with reference to other countries or international organizations more mature competition law in the legal system,reasonably consider from the Angle of the investors'home country formulate rules.Thirdly,against the risk of the above list,this part of this article focused on risk prevention measures.The fourth chapter mainly by the domestic foreign investment legislation,international bilateral investment agreements and system construction of three parts.To encourage overseas investment of Chinese enterprises to carry out,to create a good external investment environment,foreign investment in China,the administrative department of the ministry of commerce and national development and reform commission?NDRC?and the state administration of foreign exchange"three carriages",also in the form of administrative rules formulated a series of industrial policy,regional policy,tax policy,financial policy system as the main body of the foreign direct investment.These laws and regulations,administrative rules constitute the foreign direct investment legal system in our country.In addition,China and the arctic countries other than the U.S.held the international bilateral agreement;Agreement on the concept and scope of"investment"is defined,then the"investors","income","activity","territory"of the parties,such as concept definition,and provides the corresponding dispute settlement mechanism.Fourthly,the author thinks that can be led by the ministry of commerce,to establish the public service commission of"going out",in the committee consists of policy advice,culture,law office,and to establish a large data analysis center,regularly in the center platform released statistics results.At the same time,also set up a foreign investment risk warning center,according to the statistical results of data analysis center provide,in combination with the arctic national investment risk,and legal environment for the statistical results further quantitative evaluation.In addition,we should accelerate to develop a set of overseas investment guarantee system of laws and regulations,and added parallel outside the CITIC protect overseas investment risks insured institutions.And with the public service commission of"going out"to achieve information sharing.In terms of dispute settlement,the author thinks,should be in the applicable law of arbitration,strengthen BIT method reinforcing role for the host country.The author also suggested that reach as soon as possible and the BIT,China and the United States as the world's two largest economies of the current frequent trade friction to provide a proper relief mechanism,but also for the investors to build a solid international legal system security.