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The Research of Overseas Investment Insurance Scheme of China

Author: ZhaoZhuJun
Tutor: WeiYanRu
School: Guangxi University
Course: Legal
Keywords: Overseas Investment Insurance scheme insurance undertakers Subrogation Right
CLC: D922.284
Type: Master's thesis
Year: 2012
Downloads: 190
Quote: 0
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Abstract

Overseas Investment Insurance scheme plays an important role in encouraging and protecting the capital export countries’ private overseas investment, which is in favor of the domestic private overseas investment against the political risks under the implementation of the post to make up an insurance system. Overseas Investment Insurance scheme is provided by a government of national financial resources and authority,"the State Guarantees", it has strong political overtones, and not for profit. By the end of2002, China has established the settlement of Overseas Investment Insurance scheme. By far, the Overseas Investment Insurance scheme has set up. However, China has not legally confirmed the Overseas Investment Insurance scheme. Besides, the international treaties and bilateral agreements are not strong enough to provide indemnity. Therefore, the establishment of Overseas Investment Insurance scheme is of great importance to guarantee the overseas economic safety of the country and the legal right of the overseas investors.The thesis, based on the fundamental theory of Overseas Investment Insurance scheme, presents the in-depth analysis of the current situation of our country’s Overseas Investment Insurance scheme and its shortages. Meanwhile, it takes into account of the other countries working on Overseas Investment Insurance scheme and the legislative experience of convention establishing the Multilateral Investment Guarantee Agency. Furthermore, it proposes the tentative plans for our country’s Overseas Investment Insurance scheme. The thesis discusses four parts.First chapter presents the fundamental theory of Overseas Investment Insurance scheme. This chapter first defines the concept and characteristics of the overseas investment, the scope of political risk. It elaborates the concept, history, feature and significance of Overseas Investment Insurance scheme. It also list some regulations of Overseas Investment Insurance scheme in the international investment treaties. Hence it demonstrates the importance and urgency of the establishment and improvement of our country’s Overseas Investment Insurance scheme.Second chapter analyses the current situation and shortage of our country’s Overseas Investment Insurance scheme. This chapter based on the present related Overseas Investment Insurance scheme regulations, accounts for the shortage of our country’s Overseas Investment Insurance scheme from the perspective of insurance undertakers, insurance conditions and Subrogation Right model.Third chapter makes comparison of the Overseas Investment Insurance scheme in the U.S, Japan and Germany. This chapter making comparative analyses of other countries’ Investment Insurance scheme of the insurance undertakers, insurance conditions and Subrogation Right model Overseas, proposes the tentative plan for improvement of Overseas Investment Insurance scheme in our country.Fourth chapter proposes the tentative legislative plans for Overseas Investment Insurance scheme in our country. This chapter according to our specific national condition and the legislative experience from other countries, this thesis makes proposals for our country’s Overseas Investment Insurance scheme from the perspectives of insurance undertakers, insurance conditions and Subrogation Right model.

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