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Situation and Perfection of Chinese overseas investment insurance system

Author: QianZuo
Tutor: MoShiJian；QiHuan
School: China University of Political Science
Course: International Law
Keywords: Foreign Direct Investment Political risk Multilateral Investment Guarantee System Overseas Investment Insurance
CLC: D922.29
Type: Master's thesis
Year: 2010
Downloads: 471
Quote: 4
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Abstract

Since its start in the 1970s after the implementation of the reform and opening up policy, China's self-positioning in the international investment market first is a capital-importing countries. With the vigorous development of China's economic strength, our ability to rapidly enhance foreign investment, countries in attracting foreign investment and foreign investment have important national interests. In order to make good use of both domestic and foreign markets, on the one hand, the country re-finishing attract foreign investment laws and policies to create a favorable market environment for fair competition in the domestic and foreign enterprises; On the other hand, under the guidance of the \protection and promotion of the management system of foreign investment laws. In recent years, China issued the \The impact of the financial crisis is not yet calm most of the country is in a period of economic recovery, which in turn provides a great opportunity for multinational investors in China. However, the crisis has also led to the intensification of the political and social problems in some countries and regions, trade protectionism, government interference in an increase in market behavior. Geostrategic competition is fierce, the threat of terrorist activities rise, traditional hot issues not improved. The need to consider the political risk for foreign investment is beginning to show the new features. Cross-border flow of overseas investment insurance system to be compensated by the loss suffered by the insured event occurs on overseas investment to be covered, to share the political risk for investors, so as to encourage capital. In this context, this paper focuses on combing investment insurance system that can be used for our cross-border investors, horizontal comparison analysis of their advantages and disadvantages, to help investors make better use of this system to reduce political risk. Only this segment of our country's overseas investment insurance does not specifically the investment insurance relations legislation has resulted in a lack of legal norms and lack of professional supervision, insurance agencies, insurance dispute processing based on thin. I did not use the traditional comparative countries overseas investment insurance legislation mode to put forward legislative proposals, but according to the current underwriting practices and the the existing Multilateral Investment Guarantee coverage, positioning certain underwriting agencies, and related concepts the definition of the way, expanding policyholders, clear right of subrogation to exercise the scope and focus on supporting international agreement echoes the specific recommendations. The first part of the article comments on basic conceptual issues in international investment insurance. First introduced the way of the development process and trend of the definition of investment and bilateral investment agreement signed with China's Practice recommendations put forward in the future of the way of the definition of investment. Followed by the political risks related problems. Explore the relationship between political risk and foreign direct investment and economic crisis, they have the characteristics of the times, and introduce political risk connotation of coverage combined with China's export credit insurance company. Finally, foreign investment effective mechanism of political risk mitigation mechanisms, including cooperation with the host government, local joint ventures and other informal channels as well as overseas investment insurance system based formal political risk transfer instruments. The second part of the analysis to comment on Chinese investment in existing insurance system. The first combined in 2009 China's foreign direct investment in the latest data to analyze the characteristics of China's foreign direct investment, certainly the prospects of investment in the insurance market in China. Performance from China's import and export business of insurance companies start focusing commentary investors underwriting requirements, point out shortcomings and areas for improvement. Political risk mitigation investors, it is also on this part of the discussion, an analysis of the political risk mitigation related terms in order to achieve a certain extent due to the bilateral investment protection agreement is compatible with the domestic investment insurance. The third part of the Review of the Multilateral Investment Guarantee Agency, China's overseas investment insurance services. Through the analysis of its role in promoting China's and less than at its published annual report and underwriting. Compare the similarities and differences with China Credit Insurance underwriting conditions provisions, certainly mature legislative experience, pointed learn from. But by analyzing the allocation of voting rights and decision-making mechanism of the Multilateral Investment Guarantee Agency, reveal its role in promoting the development of developing countries, there are still some limitations, as well as their functional orientation sake, not for our investors to provide a full range of insurance Service. The fourth part of safeguarding the interests of investors first brought the Legislative missing lack yardstick, the lack of importance of supervision proof legislation insurer behavior, and made a number of legislative proposals for the above summary of the existing system.

Situation and Perfection of Chinese overseas investment insurance system

Abstract

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