“21世纪海上丝绸之路”建设的风险及其法律防范

Risks in the Construction of “the 21st-Century Maritime Silk Road” and Their Legal Prevention

"21世纪海上丝绸之路"建设的重要节点系高风险频发地区,面临较大的政治风险和人员安全风险。对于政治风险,一般可以通过建立海外投资保险制度、签订双边投资条约以及加入《多边投资担保机构公约》等方式加以防范;对于人员安全风险,还应采取特别措施,如修改国内相关立法、成立私营安保公司,以及建立多个后勤保障基地、实施"保护性干预"。此外,充分发挥现有国际机制的作用、注意协调域外大国的利益和合理关切以及坚持"共商共建、互利共赢"的原则,不仅有助于"21世纪海上丝绸之路"建设的顺利推进,也有助于相关风险的防范。

China is faced with high political risks and personnel safety risks in some important areas of construction of ＂the 2st-Century Maritime Silk Road＂ because of the compli- cated situations in these areas. The political risks could usually be prevented by such means as the establishment of the insurance system of oversea investment, conclusion of bilateral investment treaties and accession to the Convention Establishing the Multilateral Investment Guarantee Agency. Personnel safety risks should be prevented by such special measures as revising the rel- evant domestic laws, establishing private security companies, setting up logistic support bases, and taking ＂preventive intervention＂ measures. Furthermore, giving full play to the role of ex- isting international mechanisms, coordinating the interests and concerns of big foreign powers, and adhering to the principle of ＂mutual benefit and win-win cooperation＂ are conducive not on- ly to the construction of ＂the 21st-Century Maritime Silk Road＂, but also to preventing the related risks.