全球经济仍处在需求疲软、增长乏力的深度调整期,贸易保护主义趋势有所抬头,导致地区间经贸合作的不确定性因素大大增加。近年来,中国政府致力于构建高水平的对外开放格局,加强与“一带一路”沿线国家的经贸合作往来,因此投资领域的法律法规识别以及风险规避非常之重要。葡语系国家作为中国“走出去”投资合作环节不可忽视之目的地,应当立足于东道国投资立法的层面,正确了解、分析、整理、评估葡语系国家国内投资环境及相关法律法规,以进行事前风险规避;应当从中国与葡语系国家双边投资保护协定的层面审查仍然存在的法律风险。投资争端解决机制是投资风险救济的核心环节之一,应将商事仲裁规则纳入投资争端解决体系,为投资者提供更多的争端解决路径选择,形成一套事前防范、事中监控以及事后风险补救机制相结合的系统式的风险防范机制。
The global economy is still in a deep adjustment period with weak demand and economic growth,and the rise of trade protectionism has increased the uncertainties in regional economic and trade cooperation. In recent years,the Chinese government has committed to building up a high-level openness to the outside world and strengthening the trade and economic cooperation with countries along the Belt and Road. In view of this,the identification of laws and regulations and risk aversion in the investment field is of great importance. The Portuguese-speaking countries are a crucial destination for China to go abroad in the investment and trade cooperation. First of all,it is necessary to correctly understand,analyze,sort out and evaluate the domestic investment environment and related laws and regulations of the Portuguese-speaking countries based on host country’s domestic investment legislations,so as to avoid risks in advance. Secondly,it is required to review the legal risks existing in the bilateral investment protection agreements of China and the Portuguese-speaking countries. Finally,the investment dispute settlement mechanism is one of the core links in investment risk remedy. Hence,commercial arbitration rules should be incorporated into the investment dispute settlement system to provide more dispute settlement options to investors. It is of great necessity to form a systemic risk prevention mechanism that combines the mechanisms of three stages,the before and during the prevention,as well as afterward risk remedy.
Keywords: | InvestmentPortuguese-Speaking CountriesLaws and RegulationsEconomic and Trade CooperationRisk Avoidance |