China and the ASEAN Investment Protection Law System

Abstract: The interaction between China and ASEAN, increasing Investment, strengthening the legal protection of international direct Investment is not only the final completion of an important condition for the free trade zone is a necessary means to guard against Investment risk. Through Investment protection between China and ASEAN legal system, Research to identify the lack of existing protection mechanisms, in order to build a better system of Investment protection is satisfied that words and ideas.

Keywords:: China and ASEAN; international Investment; protection system

Since the official launch of the China-ASEAN FTA (China-Asean Free Trade Area is also referred to as CAFTA), bilateral Investment is increasing, and the face of such rapid development of Economic and trade situation, the Political risk of bilateral Investment issues are also increasingly been attention. For historical reasons, some ASEAN countries, Political instability still exist, such as the sovereignty dispute in the Feinan Hai, Vietnam and Indonesia anti-Chinese incident, the Cambodian civil unrest, the Chinese workers being kidnapped in the Philippines, killing, etc., which require a sound international Investment protection system to adjust and balance the interests of both Investment. Thus, China and the ASEAN Investment protection systems Research to identify the lack of existing protection mechanisms for safeguarding the security and interests of both investors and promote mutual investment CAFTA smooth development of great significance.


First, the establishment and improvement of the legal system, the significance of investment protection

(A) of the significance of Political strategy
From a Political point of view, China and ASEAN established a strategic pArtnership, China as a responsible big country, a commitment to and the region with the development of the underdeveloped countries. In the era of peace and development of large background, China's peaceful development The strategy can be recognized in the CAFTA, the ASEAN countries recognize China's future and not in a strong hegemony, power politics. Therefore, the improvement of international investment protection regime CAFTA for building good-neighborly and friendly relations will in the world of international politics play a great range of example.

International Investment surface, only an Economic problem, but without national coordination between the legal system, it is impossible to achieve success. In CAFTA, the existing socialist countries, but also capitalist countries, as well as a constitutional monarchy, in the different Political systems of these countries to seek a legal coordination and cooperation, which itself shows that the ideology is changing, political trust is enhanced. to abandon the former mutual preparedness, there is no trust in the practice, opening the international and regional cooperation new model.

(B) the strategic significance of Economic
China and ASEAN are at different levels to improve their investment environment and, indeed, a lot of progress, however, with Economic globalization and regional Economic integration, compared to the requirements, there are still many gaps. This is mainly because China and ASEAN between countries, economic development, different stages of economic development, and some obvious gaps, areas for cooperation in mutual investment objectives, the capacity is not the opening line in this region still there are some, even serious investment barriers. especially the control of a stringent legal environment that discouraged foreign investment, affecting the development of bilateral investment and trade.

Whether it is economic globalization, or regional economic integration, not just one country or region of unilateral action, but need to act together. This embodies the common action of the game is to achieve legal harmonization through the Law, and ultimately economic coordination . development of China-ASEAN investment must involve the appropriate arrangements for the legal system, that is legal, contractual link exchanges to the system, rules to solve China, ASEAN countries the conflict of interest based investments. can be said that the legal mechanism to establish a cooperative investment indispensable, even the basic system can be said to measure.

(C) foreign strategic
From the diplomatic point of view, investment protection between China and ASEAN improve the legal system, promoting good-neighborly relations between China and neighboring countries, deepening and enhancing mutual understanding, enhance the level of cooperation. China and ASEAN countries have traditional good-neighborly relations and improve mutual international investment protection between the legal system is of China "and the neighbors as good neighbors as pArtners" a concrete manifestation of foreign policy, foreign policy, ASEAN is an important pArt. States should give full play to protect the legal system of international investment to eliminate poverty and achieve the positive impact of regional cooperation, adhere to the following equal consultation, mutual benefit and common development, actively pArticipate in project planning and implementation of CAFTA, and cooperation with regional characteristics have been raising initiatives in the political, economic, social, cultural and other fields deepened cooperation.

(D) national security significance
Currently, most of China and ASEAN countries are still developing countries, relatively backward social and economic development, the complex contradictions within the region. Exist to varying degrees among the countries borders, territory, ideology, conflicts and disputes, but also affect cooperation in the region. coordination between China and ASEAN countries improve the legal system, including international investment protection legal system, will enable the interests of the region together, and all the spirit of risk and profit sharing of the principles and spirit actively develop cooperation. in economic cooperation, the pArties continue to deepen mutual understanding and eliminate misunderstanding and suspicion, enhance political mutual trust, to form a "community of destiny", which for the improvement of inter-regional political environment and the protection of national security will be of great benefit . This, in turn, will be more step to promote regional economic cooperation, speed up the national socio-economic development.


Second, investment protection between China and comparative analysis of the legal system

(A) International investment protection status of the legal system
International investment protection in international investment Law is one of the core refers to the capital-exporting country, capital-importing countries, individually or jointly (with bilateral or multilateral treaty) through legislative, judicial, Law enforcement and dispute settlement mechanisms and other means of outside interests of investors or foreign investors to maintain a set of rules formed by the general term. in international investment relations, investment risk mainly refers to the political risk, political risk and thus has become an international investment Law deliberately to avoid or reduce the main target. to prevent and resolve the perspective of political risk, international investment protection system can be divided into risks of war or civil unrest protection, property protection regime imposed risk, foreign exchange risk protection system limits the risk of default protection system and the host of four.

1. War risk protection system
War risk refers to as the host country has a political motivation acts of war or civil disturbance, including revolution, civil unrest, coups, sabotage and terrorism caused destruction and loss of physical assets. U.S. overseas investment insurance agencies will also be referred to as political violence insurance, that is because of the war, revolution, civil unrest or a political motivation of violence, terrorism or sabotage caused the loss of assets or income. China and most ASEAN countries, the domestic Law of war does not make clear that the risk protection system . But in China and ASEAN countries in bilateral investment agreements have done on this issue more specific list, and are embodied to protect foreign investors to strengthen the concept. For example, China and Singapore, Indonesia, the provisions of the agreement: Each Contracting Party shall be restored, compensation, compensation or other treatment; China and Malaysia, Myanmar, the provisions of the agreement: the other Contracting Party to take any recovery, compensation, damages or other solutions; China and Thailand, the provisions of the agreement: the other Contracting Party may take in relation to assistance; China and Brunei provisions of the agreement: the other Contracting Party shall be restored, compensation or other valuable rewards and so on. While these agreements are recognized risks of war or civil unrest caused by the loss of grant compensation, but no further compensation to the operational standards to be defined specifically. So far, between China and ASEAN countries, mutual investment has not occurred with the risk of war or civil unrest. However, this region can occur at times of internal armed conflict, riots, terrorism and other similar situations. Thus, the problem of dealing with pre-specified in the war risk is still necessary.

2. Property Collection and risk protection system
Property expropriation risk is the host country based on national interests and public interests, the nationalization of foreign-funded enterprises or the imposition of measures, leading to foreign investors and property suffered partial or total loss of the possibility of [7]. Property expropriation risks typically include nationalization, expropriation, requisition of three specific circumstances. In addition, the host central and local government does not publicly announced corporate acquisition of tangible property directly, but in all kinds of obstacles to the effective control of foreign investors, making the use and disposal of foreign investors shareholders of the enterprise property rights restrictions. in practice, also be deemed to constitute a de facto expropriation act.

China Foreign Investment as Involved nationalization, expropriation's position is the basis of upholding the principle of sovereignty on the basis of political and economic situation in different periods and take a pragmatic approach. As the reform and opening up, China's main task is to develop the economy, so in the legal system more inclined to actively use and protection of foreign investment. ASEAN countries impose the risk of property protection system has undergone a gradual movement from the large-scale nationalization of foreign investors to provide protection for the evolution of active protection. This is because the ASEAN countries and developed countries in the pattern of international competition has changed, so that the ASEAN countries adjust or change the foreign policy.

China and ASEAN countries signed bilateral investment agreements nationalization and expropriation also made clear that the basic spirit of the agreement and these are for investors of both Parties to provide effective protection and appropriate compensation. For example, China agreement with Indonesia, for example, Article VI of the Agreement: first, only to take charge of the Contracting Party with domestic needs related to public purposes, and to compensate investors of either Contracting Party in the territory of the other Contracting Party only with the investment nationalization, expropriation or nationalization or the imposition of results taken with the same measures. Such compensation shall be equal to the investment decision is announced or imposed before the promulgation of the value of the moment. Such compensation should not unduly delay, be effectively achieved and free transfer. Second, the Contracting Party in accordance with the law in force in any place within its territory or organization set up by the other party investors hold shares of the company to charge the assets, should ensure that the provisions apply to the first paragraph, to ensure the other Contracting Party of such shares have been on a prescribed investor compensation.

Links to Research Papers Download http://www.hi138.com 3. Exchange rate risk protection system limits
Risk is due to exchange restrictions to prevent the balance of payments difficulties the host country exchange controls, foreign investors will prohibit or restrict the principal, profits and other lawful income transfer outside the host country, and to the economic losses caused by foreign investors. Specifically, It includes two aspects of risk: First, do not allow free transfer of capital; Second, the capital can not freely convertible. The former refers to the original investors can not invest, return or other lawful income of the property transferred from the host currency risk; the latter an investor can not invest the original, revenue or other legitimate income of the monetary assets in local currency converted from the home country currency or other types of currency risk.

China, as host country, the issue of the risk of exchange restrictions on foreign investment and transfer of rights is in principle no limit. As to the specific operational methods, in accordance with exchange control procedures. China and ASEAN countries have signed bilateral investment agreements were identified capital can be "free transfer" principle. such as China and Cambodia, the Agreement provides: "Each Contracting Party shall, in accordance with its laws and regulations, to ensure transfer of the other Contracting Party in the territory of investors of investment and benefits, including: ( a) profits, dividends, interest and other legitimate income; (b) total or partial liquidation of investment funds; (c) and investment-related repayment of the loan agreement; (d) the first paragraph of this Agreement, (d) items royalties; (v) technical assistance or technical service fees, management fees; (f) the payment of contracted projects; (g) the territory of the Contracting Party in connection with investment related activities of national income of the other Contracting Party. II The transfers mentioned above shall be the date of transfer in accordance with the Contracting Party accepting the investment at the prevailing market rate of exchange.

4. The host country default risk protection. The host country is risk of default or breach of the host government does not fulfill the contract with the insured and the insured can not resort to judicial or arbitration of claims of breach of contract or breach of contract ruling; or the judicial or arbitral body failed to make a ruling within a reasonable time, or, though such a ruling, but failed to perform [9]. Although the host country for foreign investment should be to provide appropriate investment environment, but for various reasons, the host country may also be in the process of accepting foreign investment breach of contract or breach occurs. So, which requires a sound legal system to safeguard the legitimate rights and interests of foreign investors in order to ensure stable economic order.

China's foreign investment protection legal system does not involve the host country's non-compliance, there is no provision in China as the host country and foreign investors how to deal with disputes between. At present, China's accession to international treaties on the point of view, only a treaty and related to this issue: that in 1989, joined the <"On the solutions to national and his investment disputes between nationals Convention>>. China is willing to solve their own in accordance with the convention and as host of investment disputes between foreign investors. foreign investment in ASEAN countries law, most did not provide the host with disputes between foreign investors do. However, some countries advocate the use of host country law and the contract allowed by law to resolve such disputes. For example, in Vietnam, foreign investors and the Vietnamese Government authority of the BOT, BTO, BT and other contract disputes can be based on the parties agreed in the contract settlement, but the contract must comply with the host country's investment rules.

China and ASEAN signed a bilateral investment agreement provides that if the host government's breach of contract occurred, foreign investors can choose: first, the amicable settlement by the parties; second court of competent jurisdiction to submit the host country; Third, the author arbitration tribunal composed of both sides; fourth, to submit to ICSID conciliation or arbitration. such as <<the PRC Government and the Government of the Republic of Singapore on the Promotion and Protection of Investments>> 13, "<PRC Government and The Government of Malaysia on Mutual Encouragement and Protection of Investment Agreements>> Article 7 and so embodies the spirit of the dispute settlement.

(B) of the existing international legal system, lack of investment protection analysis
1. Domestic law level
(1) China's international investment protection is lagging behind.

First, the current domestic laws on the protection of foreign direct investment is almost a blank, some departments rely mainly on rules and regulations on the control of foreign direct investment. These regulations are: Ministry of Foreign Trade issued in 1981, <"On the creation of joint ventures in foreign countries Provisional Regulations> "1985 was enacted in <" On the outside of non-trade enterprises hold the approval and management regulations>>; the State Administration of Foreign Exchange released in 1989 <<overseas investment approach>> and <<Rules> >; the State Planning Commission released in 1991, <"On strengthening the management of the overseas investment projects>> and other parts of the relevant provisions of laws and regulations. Thus, we can see that at present China lacks a system to adjust the basic laws of foreign direct investment not only objectively impede the development of overseas investment, overseas investment and make our business difficult to determine the legal status, can not pass legislation on corporate overseas investment management and effective macro-guidance to enterprises in the foreign investment process to bear the enormous risks , benefits can not be guaranteed.

Second, China's foreign direct investment project approval authorities confusion, fragmentation, complicated approval process. Because there is no special approval of an authoritative body The result is a management and more clues and loose institutional consequences. Meanwhile, the international market changes, complicated procrastination The approval process is very easy to miss this opportunity for overseas investors, causing losses.

Third, China has not yet establish a sound insurance system for foreign direct investment. The State Council promulgated in 1985, <"Insurance Management Interim Provisions>> authorized to operate the People's Insurance Company of China state-owned enterprises, foreign-funded enterprises, joint ventures in the insurance business, but China's foreign direct investors in overseas risk is the lack of clearly defined. Although China took part in the <<Multilateral Investment Guarantee Agency Convention,>>, but the very limitations of the Convention, foreign direct investment in China today only get a small part of the protection of the Convention. Therefore, the lack of overseas investment insurance system will be seriously hampered the health of China's foreign direct investment in development.

(2) foreign investment in ASEAN still needs revision and improvement of the legislation. ASEAN countries, while developing a series of laws and regulations for foreign investors, the legal property and rights to provide the necessary legal protection. However, the current ASEAN countries, there are still a lot of foreign investment legislation incomplete and inconsistent place, some involving foreign investment protection provisions, such as political risk to set the conditions, the risk measures taken after the occurrence, dispute resolution was not sufficiently clear and specific, and even irrational. Some provisions have been outdated or contradictory, conflicts, can not adapt to the new situation of foreign investment. law, transparency, continuity and coordination has to be strengthened. Some of the original ASEAN countries have started to do a partial foreign investment law amendments, but not outside the existing issued Complete Foreign Investment Law.

2. International level
(1) Bilateral investment agreements need to be revised and improved. China and ASEAN countries, most of the bilateral investment agreements 80 to 90 years of the 20th century, signed, signed an era when the background and current situation has been very different, some of the agreement content is clearly outdated. While these agreements are provided on mutual investment and political risk guarantee of content, but the specific content of the various agreements on some of the provisions are not the same, difficult to apply the law fully coordinated. For example, in foreign expropriation or nationalization, the Sino-Thai, Chinese, Malaysia, Vietnam and other bilateral agreements under the conditions imposed, the amount of compensation, compensation time, etc. all have different requirements; the original investment and earnings in the export side, various bilateral agreements require the other Contracting Party shall allow the free transfer of the investor and investment-related funds, but funds can be transferred for each protocol the scope of a transfer method, transfer the money and the provisions of the applicable exchange rate is not entirely consistent; settlement of investment disputes, the various bilateral agreements in dispute settlement, the timing of appointment of arbitrators, arbitration rules, the basis for decisions on issues such as regulations are not identical. Therefore, the outdated bilateral investment agreements , where coordination is not enough to be further revised and improved.

(2) multilateral investment protection mechanism is difficult to be most effective. At present, although China and ASEAN countries signed a multilateral investment protection agreement - "" China - ASEAN Framework Agreement on Comprehensive Economic Cooperation between the dispute settlement mechanism "Agreement> already in force, trying to In this form of China and the ASEAN countries on bilateral investment to provide legal protection, but in practice it is difficult to be effective. This is mainly because: first, the dispute settlement mechanism is not yet clear to Member States and other members of the private, business disputes happen to be included in the scope of dispute settlement. And day and age, private and corporate activities in international trade and investment is the main character. Second, the non-default adjustments are not included in the scope of the appeal. The so-called non-breach of contract complaint usually is responsible for Parties not in breach of its obligations under the treaty the other party caused the loss of interest or be damaged. The dispute settlement mechanism only applies to the complainant because the complainant has been violated <<comprehensive cooperation framework "Agreement> a result of its obligations under the agreement based on the complaining party, directly or indirectly by the loss of interest or not of the Dayton agreement under which the economic goals, start the dispute settlement mechanism. Obviously <<Dispute Settlement Mechanism "Agreement> does not provide non- the event of default of the complaint can start the mechanism. The reality is that since the 70s from the 20th century, in flagrant violation of international agreements, naked and direct property damage to the behavior of foreign investors are less and less, more is to take an indirect , the roundabout way to achieve their goals. Therefore, the multilateral investment protection measures in practice is difficult to really play a role in the protection of foreign investors.

Links to Research Papers Download http://www.hi138.com Third, improve the investment protection of the Legal System

(A) the level of domestic law
World economic integration and the development trend of regional economic integration requirements of national legislation and judicial and international norms. China and ASEAN countries in the process of regional economic integration, in a variety of trade exchanges to reduce friction and disputes, and improve respective legal system of international investment protection it is very necessary.

1. Improving and perfecting the legal system of international investment protection
(1) improve the existing legal protection system. At present, China and ASEAN countries should strengthen their respective national legislation the protection of foreign investment in the revision and improvement work on some of the outdated, inadequate coordination with other levels of conflict between the provisions of the law to adjust and modification. improve the transparency of laws and regulations, and enhance the stability and continuity of the law, especially political risks to foreign investors to be more reasonable provisions to ensure clear. For example, war, civil strife for the insurance, although most of China and the ASEAN countries were not make provisions for the ASEAN region but often times of internal armed conflict, coups and other destabilizing factors. Therefore, these issues still need to make provision in advance. China and ASEAN countries in their domestic law to determine a "reasonable compensation "of the standards and methods, which for the settlement of international investment in the risk of political violence will be a great benefit.

(2) improve the legal system of international investment. At present, China and some ASEAN foreign investment in less developed countries is still not a sound legal system, foreign investment management business to a certain level, faces no legal basis for international investment behavior is difficult to provide effective legal protection. For this situation, China and some ASEAN countries, the urgent task of international investment legislation, investment and legislation in the summary of practical experience, combined with the world economic integration process of the new situation and new problems based on to develop a unified comprehensive <"International Investment Law">, as the adjustment of the Basic Law, international direct investment relationship. as the adjustment of the Basic Law, international direct investment relationship is the form of legislation to determine the status and role of overseas investment, overseas investment clearly state protection the principles and positions. Specifically, can include two aspects: First, make a macro for overseas investment practices, and guidance provided object and purpose of the provisions of the legislation, foreign investment and a clear concept of overseas investment enterprises, the nature and status. Second, the foreign investment approval and management practices. standards require enterprises to foreign investment, investment, organization, set up capital requirements, investment period, foreign exchange management requirements, profitability, and overseas financing capability.

2. Improve the system of Overseas Investment Insurance
Overseas investment insurance system is a capital-exporting government are foreign investors in foreign countries may experience political direction, to provide guarantees or insurance, investment insurance to domestic investors to apply for insurance, if the political direction of underwriting, causing investors to suffer loss of domestic insurance institutions from the loss of the system of compensation. an effective system for overseas investment insurance run well dispersed, the political risk of overseas investors to digest the loss to investors more fully, cheap and effective protection. China and ASEAN countries, the majority of developing countries, overseas investment developed, the corresponding insurance system is not perfect. At present, some of the world has gradually developed a more complete system of foreign investment protection, including public power of the framework to ensure that roughly and private power guarantee. Therefore, developed countries, China and ASEAN countries should draw useful experiences, establish their own overseas investment insurance system.

Specifically, the system should be to bilateral investment agreements or bilateral investment insurance agreement as a precondition. Because it is not just a unilateral act, but should be a bilateral act. This system also relies on a carrier, the state-owned commercial insurance in the the company set up a special body set up this business, you can also set up a separate dedicated to undertake the business of insurance companies. and these should be clear from the coverage of legal, insurance coverage. In addition, a clear need insurance coverage for overseas investment other non-commercial risk insurance. At the same time, the conditions for coverage must be clear - a qualified investment, qualified investors and qualified host. If China and the ASEAN countries can establish such a mechanism for overseas investment insurance, will effectively promote mutual investment between China and ASEAN relations.

(B) the level of international law
1. Revise and improve the China-ASEAN bilateral investment agreements
Since the historic treaty itself and the ASEAN countries and China there is a conflict of interest, leading to the conclusion of bilateral investment treaties, interpretation and implementation of both, there are many difficulties. Therefore, it need to continuously revise and improve the bilateral China-ASEAN investment agreements. bilateral investment agreements mainly on the conditions set by the same risk, the standards and methods of treatment should be consistent as far as possible, or to establish more general criteria. especially on the nationalization and expropriation, investment and profit-shifting, the subrogation make more explicit claims and other issues uniform regulations, and bilateral investment agreements, risk of default on the provisions of the host country to supplement and complete. In addition, bilateral investment agreements in order to achieve the legal protection of mutual investment, we must establish a sound investment dispute settlement mechanism, dispute settlement, the timing of appointment of arbitrators, arbitration rules and regulations according to unify areas such as clear, in order to properly resolve the bilateral investment disputes.

2. Effective use of multilateral investment protection
(1) WTO system of investment protection agreements. At present, WTO system, the major investment has been put into the file is <<and the Trade-Related Investment Measures "Agreement" (hereinafter referred to as <<"Agreement"). Under the agreement, the members to implement trade-related investment measures, must not violate the <<1994 General Agreement on Tariffs and Trade>> The national treatment principle and the removal of quantitative restrictions. The agreement also included a list of specific examples of a breach of the principle of 5 trade-related investment measures. China and ASEAN countries (WTO Member) investment measures, whether for foreign-invested enterprises or domestic companies for the members of the party, should be <<"Agreement> constraints. If the breach of the <<" Agreement > is likely to lead to the risk of the host country.

China and ASEAN countries are all developing countries the majority of the parties in addition to positive and flexible use of <<"Agreement> to safeguard their legitimate rights and interests, they also need to constantly improve the mechanism of this protection to make their own efforts. For example, , "<" Agreement> not to limit transfer pricing and multinational corporations to include market monopoly. So, after China and ASEAN countries in the development of new WTO rules on when to make its own efforts.

(2) improve the China-ASEAN Dispute Settlement Mechanism. As mentioned above, although China and ASEAN countries signed <<Dispute Settlement Mechanism "Agreement> already in force, but there are still some deficiencies still need to continue to improve in practice . First, the agreement should be increased on disputes between investors and host country, the settlement mechanism. NAFTA agreement may refer to the relevant provisions of Chapter 11 and the host country to establish private investment disputes settlement mechanism between the specific systems include: consultation and arbitration The combination of expert qualifications and the candidate list, and other arbitration rules (such as the ICSID Rules, UNCITRAL Rules, etc.). Second, expand the jurisdiction of the agreement. that an agreement might apply not only violated <<comprehensive cooperation framework "Agreement> breach of contract , but also to non-default behavior. For example, you can refer to NAFTA Article 2005, paragraph 3 provides that disputes involving environmental protection, when the requesting party a written request for NAFTA mechanism, by the mechanism to resolve disputes.

The establishment of CAFTA trade and economic cooperation between the two sides will inject new vitality. This is not only the world's largest free trade area population is the largest free trade area among developing countries. Reason to believe that CAFTA sound investment in a unified system of protection protection under the investment between China and ASEAN countries will gradually eliminate barriers, the amount of investment between the two sides will further increase substantially. to promote the prosperity of China and ASEAN countries, stability and development, strengthen and deepen bilateral good-neighborly partnership of mutual trust between China and ASEAN countries to create a peaceful surrounding environment for investment are of great significance.


References:
[1] Zhang Hong, Cai Tongjuan. China - ASEAN Free Trade Area of ​​the Investment Effect [J]. Contemporary Asia, 2007 (2): 52.

[2] Li Mei. Greater Mekong Subregion Economic Cooperation Legal Problems [M]. Beijing: Foreign Economic and Trade University Press, 2006:29
[3] Xinbo Chun, Zhang cents. On the International Investment Protection and Coordination of Conflict of Laws [J]. Academic Exchange, 2001 (2): 51.

[4] Mu Yaping. The legal system of international investment [M]. Guangzhou: Guangdong People's Publishing House, 1999:58.

[5] Zhou Pujie. China's foreign investment law [M]. Shanghai: East China University Press, 1997:127.

[6] Yao Mei town. Comparison of Foreign Investment Law [M]. Hubei: Wuhan University Press ,1993:891-892.

[7] Yu Jinsong. International Investment Law [M]. Beijing: Law Press, 1997:251.

[8] Xia Sun. Multinationals political risk and prevention [J]. Group Economic Research, 2006 (9): 54.

[9] Liu shoots. The international investment protection in international law - a number of important legal issues of [M]. Beijing: Law Press, 2002:210.

[10] Zhang Chunlin. On Perfecting the legal system of foreign direct investment [J]. International Economics and Trade Research, 1997 (9): 21.

[11] Nie Ming-hua. Chinese foreign direct investment policy and legislative problems and countermeasures [J]. Reform, 2003 (2): 15.

[12] Zhou Weiwei. On Foreign Direct Investment Protection and Improvement of the legal system [C]. Sichuan University, Master of Law Degree, 2006.

[13] Jiang De Villa. China - ASEAN Free Trade Area of ​​the legal issues [C]. Guangxi Normal University Master thesis, 2006.

[14] Nie Ming-hua, Norm. China's direct investment in ASEAN Political Risk and Legal [J]. Contemporary Asia, 2007 (1) :36-43.

[15] Ni Ting. China Overseas Investment Protection Mechanism Research [C]. Master thesis, Politics and Law, 2005.

[16] Yu Jinsong. International Investment Law [M]. Beijing: Law Press, 1997:245.

[17] BONDED. On the risk of overseas investment against the State [J]. Anhui University, 2001 (2): 9.

[18] calls the book show. The development of mutual investment between China and ASEAN, the legal mechanism of [M]. Beijing: Peking University Press, 2005:113.

[19] Liu shoots. The international investment protection in international law - a number of important legal issues of [M]. Beijing: Law Press, 2002:462.

[20] Yi Shu-Ling. Dispute Settlement Mechanism and the development trend of [J]. Southwest University of Political Science, 2006 (4): 48.

Links to Research Papers Download http://www.hi138.com