On The Legal Protection Of Overseas Investor's Profits Of Our Country

The purpose of this paper is to point out the problems in the protection of overseas investors under the current international investment environment and put forward the corresponding improvement measures,with a view to provide theoretical basis for the future study on overseas investment protection by analyzing the development of China's bilateral investment protection agreement since 2000,and briefly analyzing the cases of international investment disputes,especially Ping An Group v.Belgium.First,it briefly introduces the basic concepts related to the protection of overseas investors,and it explains the meaning of the investment from two perspectives,that is,the International Investment Agreement and its explanation given by International Center for Settlement of Investment Disputes.Then it introduces the contents of the investor's interests,pointing out that the interests of investors is one important part of national interests and the protection of the legitimate interests of investors can also be said to protect the interests of the state.Therefore,it is necessary to protect the legitimate interests of overseas investors.Second,it introduces the current situation of the protection of the interests of overseas investors and clarifies the efforts made by our country according to the investment situation and the development of the investment environment.With the development of foreign investment,the Chinese overseas investors increased awareness of legal protection and they began to learn to use the new weapons-foreign investment protection agreements and international arbitration to safeguard their own interests.In order to promote and protect foreign investment,our government has signed a large number of bilateral investment agreements and some multilateral investment agreements.At the same times,they combined legal and diplomatic means to safeguard the interests of overseas investors of China,and set a series of effective means to escort overseas investors.This study uses empirical analysis to analyze the case disputes since 2000,and it points out the mistakes or revelations of the cases which will provide a warning for the future foreign investment.Third,it points out the existing problems of China's protection of overseas investors.Although our government has made great efforts to perfect the relevant laws and regulations and has taken a lot of measures to protect the interests of their overseas investors,they were taken mostly after the existence of disputes or problems and it cannot completely solve the existing problems.Therefore,there is a need for both the country and the enterprise itself to improve.The agreements signed by the state are deficient in the imperfections of contents and in the items that are not compatible with the other provisions.The enterprises are not familiar with,and not fully complied with the relevant agreements and laws.Finally,it puts forward some measures to solve the problems mentioned above.With the development of investment in countries and the need for rapid economic development,there are more and more free trade zones and the economic cooperation zones and signing the multilateral investment agreements becomes the development trend to protect and promote investment agreement.At the same time,since social responsibility is important for the overseas investment,it is extremely important to focus on and to invest social responsibility.In addition,it is also of great significance to be familiar with and to comply with the relevant laws and regulations and protection agreements in order to safeguard the interests of overseas investors.