Upgrade my country's investment agreement with China and Central Asia
December 19, 2023 10:45 Source: "China Social Sciences" December 19, 2023 Issue 2797 Author: Zhang Guang

China and the five Central Asian countries are the same developing countries。The "Belt and Road" initiative has been proposed,China and Central Asian countries work together to promote the "Silk Road" comprehensive revival,Practical cooperation in the investment field,In -depth complementarity、A high -win -win investment cooperation new pattern。As of 2023,China's direct investment in the five countries of Central Asia exceeds 15 billion US dollars,Cumulative completion of the project contracted turnover of 63.9 billion U.S. dollars,Cooperative project covers oil and gas mining、Interconnection、Processing manufacturing、Digital economy and other fields,effectively enhanced the resilience of the regional industrial chain and supply chain,strongly promoted the economic development of Central Asia。

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Chinese and foreign investment agreement is an important part of my country's foreign legal system,Provide important international law guarantee for the construction of the “Belt and Road”,It is also the legitimate rights and interests of foreign companies in my country,Create marketization、rule of law、Effective measures for international first -class business environment。

First,Investment Agreement is an international treaty,Able to directly generate legal restraint on the parties to the contract,It can be promoted for the parties to the contract、Various measures to protect international investment provide guarantee。Next,Investment rules in the investment agreement,For example, investment definition、Investment access、Investment treatment、Nationalization and collection compensation、Transfer freedom、Forbidden performance requirements、Generation right、International arbitration procedures, etc.,created stability for investors、Prepatable international investment legal environment。Last,Bet365 lotto review Signing an investment agreement is an important manifestation of a high -level opening of a country。The investment agreement can effectively improve、Improve the transparency of the investment policy of the host country、Fairness、Stability、sustainability,To create a more attractive business environment。

As early as the early 1990s,China has signed an investment agreement with the five Central Asian countries,Provides international rules for investment cooperation between the two parties。May 19, 2023,"China -Central Asian Summit Xi'an Declaration" proposes the "Upgrade China and Central Asian Investment Agreement" initiative。November 27, 2023,General Secretary Xi Jinping pointed out during the 10th collective study of the Political Bureau of the Central Committee of the Communist Party of China: "Take the initiative to connect、Actively absorb high -standard international economic and trade rules,steadily expand institutional type open,Improving trade and investment liberalization and facilitation level,Construction of a new open economy system。"So,Drawing on the high standard international economic and trade rules to upgrade China's investment agreement with my country and Central Asia,For the construction of a new system of high -level open economic systems in my country,Promote the high -quality development of the two parties to investment cooperation,It is of great significance to lead my country and developing countries to build the destiny of economic and trade.。

The status quo of investment agreement between my country and Central Asian countries 

Current,China and five Central Asian countries have signed bilateral investment agreements,That is, China and Kyrgyzstan in 1992、Kazakhstan、Investment Agreement from Turkmenistan,Investment Agreement between China and Tajikistan in 1993,and the investment agreement signed by China and Uzbekistan in 2011 (replaced the investment agreement between the two parties in 1992)。The investment agreement between China and Central Asian countries mostly belongs to the first -generation investment agreement,The content has been lagging,It is difficult to provide effective international Bet365 app download rule of law for the new demand for investment cooperation between the two parties。

On the one hand,At that time, China was in the early stages of reform and opening up,"Crossing the river by touching the stones",The five Central Asian countries of the same period have been newly independent,Pay special attention to national economic sovereignty。So,The investment agreement signed by the two parties at the time emphasized that the ownership of the host foreign capital,Low the overall treatment and protection level of foreign capital。Specific performance as: first,Investment Agreement not only requires investment "in accordance with the law of the host country",And the specified specific investment form is relatively limited。such as,China and Kazakhstan Investment Agreement Regulations,"Investment" assets are limited to real estate and real estate ownership and property rights related to its related property、Shares or Stocks、Money request right or economic value behavior right、Intellectual property、The right to authorize economic activities in accordance with the law or contract。2,Investment Agreement is generally adopted by foreign -funded management model of "National treatment after access",is in the foreign capital access stage,East China State still implements strict foreign -funded management and control。such as,The above -mentioned investment agreement all stipulates that "the parties to the contract should encourage investors from the other contract to invest in their territory,and allow this investment in accordance with its laws and regulations "。third,Investment Agreement excludes the international arbitration mechanism or strictly restricts its scope of application。such as,The investment agreement between China and Turkmenistan does not stipulate the international arbitration mechanism of the dispute between investors and the host country,China and Kazakhstan、Tajikistan、The investment agreement between the three countries of Kyrgyzstan will limit the scope of the international investment arbitration mechanism to "any dispute between the requisition of compensation for the amount of compensation bet365 live casino games between the contract between the contract and the other contract of the contract"。On the other hand,Because the signing time is earlier,China and Central Asian National Investment Agreement lacks relevant digital trade、Investment rules in emerging fields such as green economy,And environmental protection、Sustainable development issues such as public health and health are not enough。

  Upgrade the main measures for investment agreements in my country and Central Asian countries 

First,Leading with new development concepts。Current,Sustainable development has become one of the goals and priority matters that are pursued by countries around the world。"Innovation、Coordination、Green、Open、Sharing "new development concept is to lead the upgrade of China's investment agreement with China and Central Asian countries,Not only can it be properly coordinated with capital output countries、​​Capital input countries and investors and other parties' interest appeal,Effectively eliminating the doubts about the initiative of co -construction of the "Belt and Road" initiative,and can improve my country's right to speak in the field of international investment governance,Become my country's active participation in the formulation of international rules、One of the important contributions to advancing the rule of law of international relations。

Second,Expand the scope of investment definition。Investment definition is one of the core terms of the investment agreement,Can reflect the purpose of the contract,It is also an object that is also directly protected by the investment agreement。China Investment Agreement in China,It should be summarized first that "investment" refers to the direct or indirect ownership or control of investors、Various property with investment characteristics,Re -open stipulate various specific investment forms。Traffic、The interconnection of infrastructure such as energy and telecommunications is an important area for the construction of the “Belt and Road”,So in the relevant agreement,It should be clearly incorporated in the construction engineering Bet365 lotto review contracting and loan contract in the above areas into the scope of investment definition。

third,Using "National Treatment before access+negative list" foreign investment management model。"Before access of national treatment+negative list" Foreign management model is an important content of high standard international investment rules,Increasingly popular in the practice of investment agreements in various countries。such as,my country's "Foreign Investment Law" and the newly signed "China -Europe Comprehensive Investment Agreement" and "Regional Comprehensive Economic Partnership Agreement" are all adopted by this foreign investment management model。China and Central Asian countries can actively negotiate,Ob osmoring to adopt this mode in the upgraded investment agreement,The scope of applicable to the national treatment is from the stage after investment admission (investment management、Operation、Operation、Sale and other disposal) expand to the investment access stage (the establishment of investment、Get、Expansion),and in the form of a promise method, the special management measures for foreign capital are listed in the form of a "negative list"。

Fourth,Increase the prohibition of performance requirements and cancel the terms of executive restrictions。In international investment practice,Some countries apply for performance requirements and executive restrictions on foreign capital,Conditions investing or obtaining discounts as foreign investors,This has distorted the fair competition environment of foreign capital。For this,Many investment agreements clearly specify the specific situation that the host country must not adopt such requirements。such as,The "Regional Comprehensive Economic Partnership Agreement" stipulates export performance、Local content、Buy Chinese goods、Forex balance、Restricted domestic sales、Forced technology transfer、Eight prohibited performance requirements such as sales and specified amounts or proportion of the specified area and 4 types cannot be used as a requirement situation for foreign investors for discounts,and ask the host country to cancel the specific Bet365 lotto review nationality restrictions of foreign companies' executives。China's new investment agreement in Central Asian countries can learn from the above provisions of the "Regional Comprehensive Economic Partnership Agreement"。

Fifth,Integrated into the international investment arbitration mechanism。The international investment arbitration mechanism between investors and the country is a relatively mature neutral、Non -political investment dispute solution,It is also the most widely used international investment dispute solution mechanism。After the upgrade, China and Central Asian National Investment Agreement shall be generally included in this mechanism,and appropriately expand its scope of application。Of course,To avoid excessive restrictions on national foreign control rights due to the applicable international investment arbitration mechanism,The agreement can be introduced at the same time and negotiating negotiations for investment disputes at the same time、mediation and other alternative dispute solutions,and increase program transparency、Enhanced ruling consistency and other aspects of consistency to carry out the necessary innovation of international investment arbitration mechanisms。

Sixth,Create digital trade、New rules for investment such as green economy。"China -Central Asia Summit Xi'an Declaration" proposed "Expanding Digital Trade、Cooperation of emerging fields such as green economy "initiative。Investment cooperation in emerging fields such as digital trade and green economy can inject new kinetic energy into China's national economic and trade cooperation with China、New Vitality。China is the "Belt and Road" initiative and the largest capital capital,In digital trade、Emerging areas such as green economy also have certain international advantages。When upgrading China's investment agreement with Central Asian countries,China should actively lead the creation and development of investment rules of the above emerging fields,Promote the international investment rules system that forms Chinese discourse in related fields。For example,The two parties can stipulate the promotion and convenient digital trade in the upgraded bet365 best casino games investment agreement、Special Terms of Green Economy Investment Cooperation。

  (The author is a professor at the Research Center of Northwest University of Political Science and Law, a professor of the rule of law research center) 

Editor in charge: Cui Bohan
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