Armed Conflict Under The Laws Of The Chinese Overseas Investment Protection Problem Analysis

Nowadays, the international situation is being further relaxed for world peace and development in general, but armed conflicts have risen one after another and tension still remains in some area, especially in North Africa and Middle East. With the development of Chinese economics, China’s overseas investment has increased obviously. China’s overseas investments are mainly stored in the developing countries in Asia and Latin America, and the investment for Africa and Europe is developing fast. The favorable investment environment is the foundation of effective international capital flows. Confronting volatile situation, China’s overseas investors should not only focus on pursuing investment interests, but also pay close attention to protection of investments. Against this background of Libyan civil war in2011, this paper will discuss some legal issues on the protection of China’s overseas investments from the aspect of public international law.This paper is divided into four chapters besides introduction and conclusion.The first chapter will raise legal issues Chinese overseas investors would confront under Libyan civil war from the aspect of public international law. The meaning of "non-international armed conflict" and "international investment" will be defined. The basic information of China’s overseas investments in Libyan will be introduced.The second chapter will analyze how each part of armed conflicts to fulfill international obligations referring to protection of civilians and civil objects. On the one hand, they should treat civilians humanely. On the other hand, they should regulate their combat means and methods.The third chapter will determine subjects of legal responsibility under armed conflicts with fundamental principles of international law, because each part of the conflict will assume responsibility for direct illegal behaviors and legal government will commit state responsibility.The fourth chapter will offer Chinese overseas investors several methods to protect their overseas investment under armed conflicts. One method is overseas investment of insurance mechanism. The other one is to lodge claim against subjects of legal responsibility directly by utilizing domestic litigation, arbitration or presenting a petition to Chinese government for diplomatic protection.