论中资矿业企业非洲投资法律风险的防范——以赞比亚中资矿业企业为视角

Discussion on Precautions against the Law Risk of African Investment of Chinese Mining Companies——In the Perspective of Chinese Mining Companies in Zambia

中资矿业企业非洲矿业投资面临的主要法律风险(含政治风险)有战争和内乱、国有化、法律变动、劳工雇佣、环境保护及安全生产等风险。建议中资矿业企业在非投资前要充分了解东道国法律环境,在投资协议中加入"稳定条款",对可能遇到的政治风险进行投保,并且要严格遵守东道国法律,在企业内部建立海外投资法律风险防范机构。

This paper first introduces the main legal risks that Chinese mining companies faced： war and internal violence, nationalization, changes in the law, employment, environmental protection, and safety in production. On account of this, this paper proposes that before the investment, Chinese mining companies should fully understand the legal environment of the host country, and accede to stabilization clause in the investment agreement. At the same time, the political risk that we are likely to encounter should be arranged insurance. The law of host country must be abided by strictly. In addition, overseas investment legal risk prevention mechanism should be established inside the enterprises.