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本报告主要针对我国资源能源领域的海外投资企业,旨在厘清我国海外资源能源投资所切实面临的政治风险和主要法律障碍,并在此基础上探讨改善我国海外投资法律保护的方法和途径。调查发现,我国海外资源能源投资总体法律环境比较严峻,总体政治风险水平均值和绝大多数具体指标均处于“超标”的状态。从所调查的投资区域来看,相对而言,大洋洲投资区的总体法律环境最好,东南亚次之,再次是拉美、非洲,最不理想的是中亚投资区。调查还发现,双边投资条约已成为最受我国投资者期待的促进中国海外投资的措施,同时海外投资担保制度的重要作用也已逐渐突显,表明我国海外投资者对国际投资法律保护的需求正日趋强劲。
This report mainly aims at overseas investment enterprises in the field of resources and energy in our country. The purpose of this report is to clarify the political risks and major legal obstacles that China’s overseas resources and energy investment are facing. On the basis of this, we discuss ways and means to improve the legal protection of overseas investment in our country. The survey found that the overall legal environment for overseas resource and energy investment in our country is rather harsh, the average level of the overall political risk and the vast majority of specific indicators are in a state of “excessive”. From the investment area surveyed, relatively speaking, the overall legal environment for investment zone in Oceania is the best, followed by Southeast Asia, again in Latin America and Africa, and the most unsatisfactory is the investment zone in Central Asia. The survey also found that BITs have become the most anticipated measure for China’s investors to promote China’s overseas investment. At the same time, the important role of the overseas investment guarantee system has gradually been highlighted, indicating that the demand of overseas investors for the protection of international investment law is increasingly Strong.