Research On Legal Issues Of China Invest Energy To ASEAN Countries

The global economy has developed rapidly since the 21st century, and Chinese economy has also gotten unprecedented development at the same time. The development of the total economy results in a few problems, such as the shortage of resource, especially the energy shortage.On account of a increasing number of population and limited technology in our country, a lot of energy cannot be exploited on time which leads to useful resources cannot meet the demand to the whole country so that we have to import abundant energy from other countries. However, as the strategic reserve substance, any countries seldom export critical energy to other countries easily. China is one of the biggest developing countries in the world, considering the aspect of security and development strategy, how to ensure these type of resources keep pace with economy development stably, except that simple self-supply and import from outside. Government now more inclined to encourage qualified and capable corporations to some areas or regions where are full of energy and to unearth the local’s resources, receiving the part of energy and profits from agreement. Agreement of Economic and Social Development Twelfth Five-Year Plan Chapter 52 illustrates that government co-ordinates "Bring in" and "Bring out".It illustrates that government has realized that we has not only promote the development of internal economy and the upgrade of industry structure,but also adapt to the needs of economic globalization,foreign investment and transnational business conduct.Adding that since "One Belt and One Road" cooperative development concepts and proposes have been put forward by the end of 2013.,it got the response and support from along the countries.These prepared the political and economic way for our energy investment in ASEAN countries.Association of Southeast Asian Nations is called for short ASEAN.All of its members come from Asia. There are naturally geographical advantages for mutual development and economic development, because the majority of these countries are adjacent to China or face each other across sea. China is a dialogue partner in ASEAN, and have the advantages of economy and polity to push the countries from ASEAN to energy investment. However, international investment is not as similar as external investment, which involves a country’s economic sovereignty, especially energy a kind of special resource. What’s more, most the members of ASEAN are developing countries, and the development of legal system is fall behind compared with developed countries.If there is no effective international law by which international invest programs can be regulated, international invest program that we have to spend high cost and to consume time will confront with enormous risk in investment. n terms of China, it is staying at a transition, changing from a country mainly depends on external investment to a country invests to other countries, so there is no enough experience for China to simulate. It is quite important to consider how to invest effective and how to deal with some problems related to international laws.Removing the introduction and conclusion,this article is divided into six parts.First part, in explaining the concept of foreign energy investments on the basis of its features and the main form briefly explain a point of view for the next article make good bedding.Focusing on the last century to the beginning of this century,Chinese foreign energy investments conditions,mainly for Australia,Africa,the Middle East and Southeast Asia these representative countries and regions.Chinese compared the energy investments characteristics of these areas.Then Chinese analyses the political,economic,geographical advantages where the ASEAN countries invest the energies.Finally,Chinese would look to the prospect of China-ASEAN national energy investments.Adding that China-ASEAN FTA provisions on investment facilitation,Chinese would look to the prospect of China-ASEAN national energy investments.The Second parts introduces the legal basis of China investing energy to ASEAN countries.Policy,focused on "One Belt and One Road" cooperative development concepts and proposes to narrate.It is divided into two parts which are international and domestic legal basis to summary.On the treaty related to investment has been signed by China and ASEAN countries and the relevant system the energy investment of the regional organization,we fine the legal provision referred to the question about energy to introduce. Domestic laws are made of Chinese domestic laws and the laws of the ASEAN countries about energy investment relevant provisions.It finds legal provisions of relating to energy issues to introduce.and analyses the existing agreements and the terms to the significance of Chinese energy investments.Third part, the analyses of investment protection question of China invest energy in ASEAN countries.From the legal point of view,market access issues, the treatment of investment, insurance issues,and tax collection problems, it analyses the problem of energy investment in ASEAN countries which China mainly related to energy investment legal protection,and I lay particular emphasis on analysis.Forth part, throughout the legal issues of foreign energy investments,dispute resolution is the core issues.So the writer made a special chapter describe.Based on Energy Charter Treaty and China-ASEAN Investment Agreement,starting from dispute resolution and dispute settlement body these two aspects,my analysis of the ASEAN countries after the China Energy Investment disputes can take the solution.And the solution provides a reference for the existing and the future disputes that may occur.Fifth part, from above the research and analysis,I put forward some theoretical proposals.We should make good use of existing rules under the existing system, and no rules or not certain rules should be established and created.I hope to have a certain significance for energy investment practice.