Study On The Chinese Enterprises’ Mining Rights Investment Agreement

In the last few years, under the guidance of the "going out" policy, more and moreChinese enterprises intend to participate in overseas investment. Among them, themining investment is particularly significant. Based on the particularity of thesensitivity of the mineral resources and mineral rights, the various resources in thecountry have varying degrees of investment restrictions on the mining industry.Developing countries tend to directly hold the state ownership of mineral resources,and developed countries tend to restrict the admittance of foreign capital in order toprotect the monopoly position of the national mining companies. These limitations arereflected in our investors and government resources in the country, the miningagreement among his country’s resources between enterprises. Compared to otheroverseas investment, there are larger risks in mining investment, and investmentreview is more strict.This paper mainly study about the Mining Right and Mining Investment Agreement.Chapter I defines the "Mining Right" and outlines the basic situation of China’smining investment. Mining investment is a major investment objects for Chineseenterprises, facing different political risks. The main body of the mining agreementhave two kinds: the host country and the enterprise of the host country. The ChapterII outlines the main content of the mineral rights investment agreements, involving thenature of the mineral rights. Chapter III mentioned about the characteristic of state-owned enterprises，which were the mainly companies investing mining right.Chapter IV analyses certain significant articles of the agreement, involving theownership of the exploration results，the stabilization clause and theenvironment-protection articles and so on. Chapter V analyses the concurrence of themining agreement with the National Agreement on Investment，and also analyses theChinese enterprises’ solution when they face a new Mining-Right-Investment. Relyingon domestic legal procedures to resolve disputes is a common choice and we mustfirst determine the application law, which is different from our traditional position. Inthe discussion of mentioned above, paying attention to the assessment of securityinstitutions and increasing the other stakeholders in the agreement,are the effectiveway to avoid the investment risk of mining rights.