A Study On The Environmental Legal Risks In Overseas Investment In Southeast Asia

When it comes to environmental legal risks in investments from China to Southeast Asia,it’s not the flowers in a mirror.Over the past few years,failed investment cases in this area happened now and then because of environmental risks."Belt&Road" Initiative is not only an opportunity,but also more complicated and unknown challenges for Chinese investment in Southeast Asia.In such a period,we should summarize experience and lessons from the past,make a careful analysis of new problems to predict and prevent future risks,which may has great beneficial on China’s investment in Southeast Asia in the future.Learning from past experience,environmental legal risks in investments from China to Southeast Asia are mainly reflected in four aspects:low-level environmental impact assessment risks,environmental investment restriction(or prohibition)risks,environmental regulation risks and environmental litigation risks.Investment risks are related to the deterioration of the ecological environment in Southeast Asia and the perfection of the environmental rules of law system.It is also closely related to the current situation of China’s investment in this area and the rise of environmental rights in international investment field.Besides,the influence of the NGO organization in the area on environmental issues cannot be ignored.In the perspective of China and government,the legal risk of environmental protection in Southeast Asia mainly lies in the internal legal regulation,policy guidance and the framework of establishing cooperation with foreign countries.On the one hand,it extends the corporate environmental responsibility stipulated by China law to the field of foreign investment,promulgating the guidance and incentive policy of investment in the region,and provides environmental protection guidelines for the investment behavior of enterprises in Southeast Asia.On the other hand,the environmental protection content has bilateral or multilateral investment cooperation system,to protect the legitimate rights and interests of Chinese investors and to restrain the investor’s foreign investment behavior,thus reducing the environmental legal risk of investment in the region.The main content of the full text is divided into five chapters.The first chapter is the introduction.The second chapter uses three events of environmental law risk to illustrate the reality,particularity and representativeness of environmental legal risks in the area.The third chapter analyzes the risks of environmental protection law.The fourth chapter analyzes the reasons why China’s legal risks of investment environment protection in Southeast Asia rise.The fifth chapter presents the experience and lessons of foreign investment abroad,and puts forward legal and policy countermeasures from the perspective of China’s state and government.