Research On Legal Risk And Prevention Of Myanmar Mining Investment

Myanmar's abundant mineral resources have always been the contend direction of foreign businessmen.With the initiation of democratic reform in Myanmar,in order to attract and encourage foreign investment,a series of laws and regulations were improved,which lowered the threshold for foreign investors to enter the field of mining investment in Myanmar and gave more preferential treatment to foreign investors.This creates many opportunities for foreign investment in Myanmar's mining.Opportunities are accompanied by corresponding risks,and legal risks are particularly important among all kinds of risks.There are broad and narrow legal risks of overseas investment.The broad legal risks of overseas investment include not only the risks brought by the host country in legislation,law enforcement and law abiding,but also the risks brought by the home country in legislation,law enforcement and law abiding.In a narrow sense,the legal risk of overseas investment only refers to the risk brought by the host country in legislation,law enforcement and law abiding.This paper aims to study overseas investment legal risk in narrow sense.Because this paper studies the legal risk of mining direct investment,the investment behavior occurs in the host country of investment,which is restricted by the laws and regulations of the host country of investment.Therefore,it focuses on the analysis of the legal risk brought by the host country of investment at the legislative,law enforcement and law-abiding levels.In order to make foreign investment in mining industry have a comprehensive understanding of the legal system of mining investment in Myanmar,and focus on all aspects of legal risks brought by the legal system of mining investment in Myanmar,so as to better avoid the legal risks in a legal way.Through the analysis of investment access system,environmental protection,labor and other related systems,this paper analyses the legal risks caused by the restrictions and changes of the system itself,the lax supervision of law enforcers,and the violation of laws and regulations by foreign businessmen,and puts forward corresponding suggestions.It aims to point out the direction of foreign investment in mining industry in Myanmar.This paper is dividedinto five parts:The first part mainly introduces the definition of legal risk and the definition,characteristics and sources of overseas investment legal risk.The connotation and extension of legal risk of overseas investment are analyzed.The second part introduces the whole mining investment environment of Myanmar from two aspects: physical environment and immaterial environment,i.e.hard environment and soft environment.Emphasis is laid on the legal system of mining investment in Myanmar in the immaterial environment,including domestic laws and regulations related to mining investment in Myanmar,bilateral agreements signed by Myanmar and home countries of investment,and multilateral agreements joined by Myanmar itself.Thirdly,through the analysis of the Myanmar investment access system and the system of mining rights,respectively,to Myanmar Investment Law and Myanmar mines law relevant laws and regulations as the main line,the legal risk analysis of mining investment access.The fourth part focuses on the analysis of environmental protection and labor environmental impact assessment system and labor regulations.In the part of environmental protection,the legal risks are analyzed in more detail in the form of case analysis.The fifth part,in view of the legal risks analyzed above,puts forward corresponding risk prevention suggestions,in order to make foreign investors better avoid legal risks in mining investment activities.