China and the five Central Asian countries are all developing countries。Since the “Belt and Road” initiative was proposed,China and Central Asian countries join hands to promote the comprehensive revitalization of the “Silk Road”,Deepen pragmatic cooperation in the bet365 new user promo field,formed deep complementarity、A new pattern of highly win-win bet365 new user promo cooperation。Until 2023,China’s direct bet365 new user promo stock in the five Central Asian countries exceeds 15 billion US dollars,Cumulative project contracting turnover is US.9 billion,Cooperation projects cover oil and gas mining、Interconnection、Processing and manufacturing、Digital economy and other fields,Effectively improve the resilience of the regional industrial chain and supply chain,Powerfully promoted the economic development of Central Asia。
bet365 new user promo agreements are of great significance to international bet365 new user promo
Sino-foreign bet365 new user promo agreement is an important part of my country’s foreign-related legal system,Providing important international legal protection for the construction of the “Belt and Road”,It is also our country that protects the legitimate rights and interests of foreign-funded enterprises,Create marketization、Legalization、Effective measures for an international first-class business environment。
First,bet365 new user promo agreements are international treaties,Can directly produce legal binding force on the contracting parties,can facilitate the implementation of the contracting parties、Various measures to protect international bet365 new user promo provide guarantee。Secondly,bet365 new user promo rules in bet365 new user promo agreements,Example bet365 new user promo definition、bet365 new user promo access、bet365 new user promo treatment、Nationalization and expropriation compensation、Free transfer、Performance requirements prohibited、Right of subrogation、International arbitration proceedings, etc.,Creates stability for investors、Predictable international bet365 new user promo legal environment。Last,Signing an bet365 new user promo agreement is an important manifestation of a country’s high-level opening up。bet365 new user promo agreements can be effectively improved、Improving the transparency of host country bet365 new user promo policies、Fairness、Stability、Sustainability,Thus creating a more attractive business environment。
As early as the early 1990s,China has signed bet365 new user promo agreements with five Central Asian countries,Provides an international rules basis for bet365 new user promo cooperation between both parties。May 19, 2023,The "China-Central Asia Summit Xi'an Declaration" proposed the initiative of "upgrading bet365 new user promo agreements between China and Central Asian countries"。November 27, 2023,General Secretary Xi Jinping pointed out during the tenth collective study session of the Political Bureau of the CPC Central Committee: “We must take the initiative to connect、Actively absorb high-standard international economic and trade rules,Steady expansion of institutional opening,Improving the level of trade and bet365 new user promo liberalization and facilitation,Building a new higher-level open economic system。”Therefore,Learn from high-standard international economic and trade rules to upgrade bet365 new user promo agreements between my country and Central Asian countries,For building a new high-level open economic system in our country,Promote the high-quality development of bet365 new user promo cooperation between the contracting parties,It is of great significance to lead my country and developing countries to build an economic and trade community with a shared future。
Current status of bet365 new user promo agreements between my country and Central Asian countries
Currently,China has signed bilateral bet365 new user promo agreements with the five Central Asian countries,That is, China and Kyrgyzstan in 1992、Kazakhstan、bet365 new user promo Agreement with Turkmenistan,1993 bet365 new user promo Agreement between China and Tajikistan,And the bet365 new user promo agreement re-signed between China and Uzbekistan in 2011 (replacing the 1992 bet365 new user promo agreement between the two parties)。Most of the bet365 new user promo agreements between China and Central Asian countries are first-generation bet365 new user promo agreements,Content has lagged,It is difficult to provide effective international legal protection for the new needs of bet365 new user promo cooperation between the two parties。
On the one hand,China was in the early stages of reform and opening up,“Crossing the river by feeling the stones” for foreign bet365 new user promo,In the same period, the five Central Asian countries gained independence,Pay special attention to national economic sovereignty。So,The bet365 new user promo agreement signed by both parties at that time emphasized the host country’s right to control foreign bet365 new user promo,The overall treatment and protection level given to foreign bet365 new user promo is low。The specific performance is: first,bet365 new user promo agreements not only require investments to be made “in accordance with the laws of the host country”,And the specific bet365 new user promo forms specified are relatively limited。For example,Provisions of the bet365 new user promo Agreement between China and Kazakhstan,“bet365 new user promo” assets are limited to movable and immovable property ownership and property rights related thereto、Shares or participation、Right to claim money or claim for behavior with economic value、Intellectual Property、The right to engage in economic activities as authorized by law or contract。Second,The foreign bet365 new user promo management model of “post-establishment national treatment” is commonly adopted in bet365 new user promo agreements,That is, the foreign bet365 new user promo access stage,The host country still implements strict foreign bet365 new user promo controls。For example,The above-mentioned bet365 new user promo agreements all stipulate that “one contracting party shall encourage investors of the other contracting party to invest in its territory,and permit such bet365 new user promo in accordance with its laws and regulations”。Third,bet365 new user promo agreements exclude international arbitration mechanisms or strictly limit their scope of application。For example,The bet365 new user promo agreement between China and Turkmenistan does not provide for an international arbitration mechanism to resolve disputes between investors and host countries,China and Kazakhstan、Tajikistan、The bet365 new user promo agreement between the three countries of Kyrgyzstan limits the scope of application of the international bet365 new user promo arbitration mechanism to "any disputes between one contracting party and investors of the other contracting party regarding the amount of expropriation compensation"。On the other hand,Due to the earlier signing time,There is a lack of relevant digital trade in the bet365 new user promo agreement between China and Central Asian countries、bet365 new user promo rules in emerging areas such as green economy,And for environmental protection、Not enough attention is paid to sustainable development issues such as public health and health。
Main measures to upgrade bet365 new user promo agreements between my country and Central Asian countries
First,Led by new development concepts。current,Achieving sustainable development has become a goal pursued by countries around the world and one of the priorities of global governance。With "innovation、Coordination、Green、Open、The new development concept of "sharing" leads the upgrade of bet365 new user promo agreements between China and Central Asian countries,Not only can we properly coordinate capital-exporting countries、The interests of capital importing countries, investors and other parties,Effectively eliminate some countries’ doubts about the joint construction of the “Belt and Road” initiative,And it can enhance my country’s voice in the field of international bet365 new user promo governance,Become our country’s active participation in the formulation of international rules、One of the important contributions to promoting the rule of law in international relations。
Second,Expand the scope of bet365 new user promo definition。The definition of bet365 new user promo is one of the core provisions of the bet365 new user promo agreement,Be able to reflect the purpose of the contract,Also directly protected by bet365 new user promo agreements。In the bet365 new user promo Agreement between China and Central Asian Countries,It should be stipulated in general that "bet365 new user promo" refers to assets directly or indirectly owned or controlled by investors、Various properties with bet365 new user promo characteristics,Re-openly stipulate various specific bet365 new user promo forms。Transportation、The interconnection of infrastructure such as energy and telecommunications is an important area in the construction of “One Belt and One Road”,So in the relevant agreement,Construction project contracting and loan contracts in the above fields should be clearly included in the definition of bet365 new user promo。
Third,Adopt the "pre-establishment national treatment + negative list" foreign bet365 new user promo management model。The "pre-establishment national treatment + negative list" foreign bet365 new user promo management model is an important part of high-standard international bet365 new user promo rules,Increasingly popular in the practice of bet365 new user promo agreements among countries。For example,This foreign bet365 new user promo management model is adopted in my country’s Foreign bet365 new user promo Law and the recently signed China-EU Comprehensive bet365 new user promo Agreement and Regional Comprehensive Economic Partnership Agreement。China and Central Asian countries can actively negotiate,Strive to adopt this model in the upgraded bet365 new user promo agreement,The scope of application of national treatment will be changed from the stage after bet365 new user promo access (bet365 new user promo management、Operation、Operation、Sales and other disposals) expanded to the bet365 new user promo admission stage (establishment of bet365 new user promo、Get、Expand),And list special management measures for foreign bet365 new user promo in the form of a "negative list" in the form of commitment。
Fourth,Add prohibitive performance requirements and cancel executive restriction clauses。International bet365 new user promo practice,Some countries specifically impose performance requirements and executive restrictions on foreign bet365 new user promo,Conditions for investing as a foreign investor or obtaining preferential treatment,Thus distorting the fair competitive environment for foreign bet365 new user promo。For this,Many bet365 new user promo treaties specify specific circumstances under which the host state shall not adopt such requirements。For example,The "Regional Comprehensive Economic Partnership Agreement" stipulates export performance、Local content、Buy domestic products、Foreign Exchange Balance、Restricted domestic sales、Forced technology transfer、8 types of prohibited performance requirements such as sales in specific areas and stipulation of the amount or proportion of royalties, and 4 types of requirements that cannot be used as preferential requirements for foreign investors,And require the host country to lift specific nationality restrictions on foreign company executives。The new bet365 new user promo agreement between China and Central Asian countries can learn from the above provisions of the Regional Comprehensive Economic Partnership Agreement。
Fifth,Incorporated into the international bet365 new user promo arbitration mechanism。The international bet365 new user promo arbitration mechanism between investors and states is a relatively mature and neutral one、Non-politicized bet365 new user promo dispute resolution,It is also the most widely used international bet365 new user promo dispute settlement mechanism。This mechanism should be generally included in the upgraded bet365 new user promo agreements between China and Central Asian countries,And appropriately expand its scope of application。Of course,To avoid excessive restrictions on the country’s foreign bet365 new user promo control rights due to the application of international bet365 new user promo arbitration mechanisms,The bet365 new user promo dispute prevention mechanism and negotiation can be introduced into the agreement at the same time、Alternative dispute resolution methods such as mediation,And increase program transparency、Necessary innovations in the international bet365 new user promo arbitration mechanism including enhancing the consistency of awards。
Sixth,Create digital trade、New rules for green economy and other investments。The "China-Central Asia Summit Xi'an Declaration" proposed "expanding digital trade、Cooperation in Emerging Areas such as Green Economy” Initiative。bet365 new user promo cooperation in emerging areas such as digital trade and green economy can inject new momentum into economic and trade cooperation between China and Central Asian countries、New energy。China is the initiator and largest investor of the “One Belt, One Road” initiative,In digital trade、Emerging fields such as green economy also have certain international advantages。When upgrading the bet365 new user promo agreement between China and Central Asian countries,China should actively lead the creation and development of bet365 new user promo rules in the above-mentioned emerging fields,Promote the formation of an international bet365 new user promo rules system with Chinese discourse in relevant fields。For example,Both parties can provide for the promotion and facilitation of digital trade in the upgraded bet365 new user promo agreement、Special terms for green economic bet365 new user promo cooperation。
(The author is a professor at the Foreign Rule of Law Research Center of Northwest University of Political Science and Law)
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