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Research On The Legal Environment Of International Investment Under The “Belt And Road” Initiative

Posted on:2019-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiFull Text:PDF
GTID:2436330566981694Subject:legal
Abstract/Summary:PDF Full Text Request
In 2013,President Xi Jinping proposed the "One Belt And One Road" strategy to restore the prosperity of the "silk road economic belt" and promote the formation and development of the "21st century maritime silk road".Our country has a profound basis of ancient silk road and the historical background,relying on the advantage and experience,which can make the formation dominated by China's opening development of countries along the new situation,resources complementary advantages between the countries,economic exchanges and cooperation.The "One Belt And One Road" strategy holds the banner of peaceful development and aims to build a strategic alliance and a community of common destiny based on economic development,political friendship and mutual trust,and historical mutual infiltration.One of the core elements of the One Belt And One Road strategy is to accelerate investment cooperation among countries,especially in China.Due to the shortage of natural resources in China,the demand for some natural resources is very urgent.Combined with the rising domestic labor price,enterprises need abundant labor resources to reduce production costs.Along the way,the countries are wide geographical and the world's most abundant petroleum resources areas.They have adequate human resources and the price is low,but the infrastructure is underdeveloped.This is an opportunity for foreign investment in China.However,a new policy implementation will inevitably produce a series of problems and face some unprecedented challenges.There are many problems in the investment legal environment of countries along the One Belt And One Road,mainly in the following aspects.First,as a result of the cultural differences and different economic level,the bilateral and multilateral investment treaties are low level of less,which is unable to guarantee the international investment of freedom.Second,the settlement mechanism of investment disputes between countries along the belt and road is not perfect.When disputes arise,they cannotbe solved smoothly or effectively safeguard the legitimate rights and interests of all parties.Third,regional political chaos,domestic and foreign wars,and frequent terrorist activities may hinder the investment security and facilitation.The "One Belt And One Road" strategy involves a wide range of regions,with numerous countries along the route.The investment cooperation between countries is a complex and serious problem.History tells us that to make this strategy go forward,we need to ensure the rule of law in addition to the already implemented five-way development.Only by formulating sound laws can we protect One Belt And One Road and ensure its long-term and stable development.To build One Belt And One Road international investment law system,we should follow the important principle of international law "the five principles of peaceful coexistence" firstly,under which we can expand the international investment cooperation of countries and achieve mutually beneficial win-win goal.Then from international and domestic in two fields: On the one hand,we should absorb advanced international investment rules and combine the actual situation of the international investment cooperation to develop effective bilateral or multilateral investment treaties and create a free,convenient,safe,reliable,good investment environment.In addition,a flexible and diversified investment dispute settlement mechanism should be formulated so that the investment disputes along the line can be resolved quickly,effectively and peacefully,and the rights and interests of all parties can be guaranteed to the maximum extent.On the other hand,we should draw lessons from other countries in the global economy strategy and consummate our country domestic foreign investment management system to encourage domestic enterprises to go out and warmly welcome foreign companies,which is provided by legal support.We will establish a public display system for risk assessment of countries along the belt and road,provide information services for enterprises investing overseas,and prepare risk response measures in advance.In addition,weshould formulate emergency measures to ensure the maximum protection of our overseas investment interests when the political situation turmoil or civil war breaks out in the countries along the routes.
Keywords/Search Tags:One Belt And One Road, Investment legal environment, Investment agreement, Investment dispute settlement mechanism
PDF Full Text Request
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