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Chinese energy investments in Indonesia Legal Issues

Author: WangHua
Tutor: TangQingYang
School: Southwest University of Political Science
Course: International law
Keywords: Indonesia Energy Investment Investment access Investment Risk Overseas Investment Insurance
CLC: DD912.6
Type: Master's thesis
Year: 2011
Downloads: 165
Quote: 1
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Abstract

Energy is a national survival, development of the basic elements. The rapid growth of the modern economy countries growing energy needs. In today's economic globalization and regional economic integration context, China's growing economic strength, China holding companies \The twenty-first century, the China-ASEAN Free Trade Area has become the focus of global attention. With the political and economic relations between China and ASEAN continues to heat up, China and ASEAN countries in various fields have become increasingly frequent, including cooperation in the energy field. ASEAN has become China's energy investment companies select the target. Indonesia, ASEAN's largest economy, as a big country in Southeast Asia's energy, has become China's important energy companies investing goals. In practice, however, cooperation between the two countries are still many obstacles. This paper from China to Indonesia's energy investment status quo, combined with the legal system in Indonesia Energy Investment of Chinese investment in the energy sector in Indonesia encountered during the investment access, political risk, overseas investment insurance system to analyze legal issues and combined with China's national conditions and the legal system, and propose appropriate legal response. Specifically, I believe that in Indonesia the current political, economic and social environment, China's energy investments in Indonesia, we should pay close attention to the relevant Indonesian laws and regulations and changes in economic policy development, and a good grasp of Indonesia China policy during the political transition adjustments and changes. On this basis, China in the international level, to take full advantage can be taken under the CAFTA framework of investment measures; joined the International Energy Agency, the effective use of multilateral investment protection mechanisms; further improve China and Indonesia in the energy sector bilateral investment protection agreements; proper exercise of diplomatic protection power. In domestic law level, to improve the domestic foreign investment protection system, establish and improve China's energy enterprises overseas investment risk prevention legal mechanisms: the preparatory phase of the investment of investors of investment projects to conduct a comprehensive risk assessment of the legal, operational phase of the investment to establish legal risk long-term prevention mechanisms; country from the policy, technology and other aspects to increase energy investments in Indonesia Chinese investors to support efforts to ensure that the Chinese enterprises in the field of investment interests in Indonesia. In addition to full text preface and conclusion, total is divided into five parts, 30,003 more than a thousand words. Foreword. Discusses the topics of the background, the study and research status and so on. The first part of the \First, the current international energy investments basic connotation, unique features and the main mode of discourse. Then, the Chinese energy investments in Indonesia's political and legal environment, and the use of the main investment model for analysis and presentation of the current Chinese investment in Indonesia's energy situation. The second part of the \The part of the start point of view of legal theory energy investment access legal implications involved in national energy investment access rights. Then the author analyzes the foreign investment in the energy sector in Indonesia access system for the basic content, mainly from the scope of investment, foreign share ownership requirements, foreign organization, fulfill requirements as well as other aspects of investment approval a detailed analysis in order to identify problems which , analyze problems, to solve the problem to identify the \The third part of the \Because each country's economic environment, cultural practices, legal system, national interests and aspirations of different factors such as the presence of other factors, energy is a country's strategic resources, so the cross-border energy investment political risk faced more often than domestic investment larger and more complex. The author in this paper, the Chinese enterprises in Indonesia are facing energy investment expropriation risk, war risk, government default risk, and cultural integration risk and other major political risk is analyzed in detail, and how to control these risks put forward relevant legal advice. The fourth part of the \Before, are based in Indonesia as a starting point investigate Chinese enterprises in Indonesia Energy Investment in institutional barriers and realistic risk, which is part of the focus from China's own legal system starting on China's overseas energy investment insurance, legal defect analysis, covering China participation in the role of international organizations, multilateral and bilateral agreements issues and problems of domestic law. The fifth part, \The main part is a combination of previously analyzed the problems and Chinese energy investment to Indonesia prospects make relevant legal measures in order to better protect energy investments in Indonesia's Chinese energy companies.

Chinese energy investments in Indonesia Legal Issues

Abstract

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