论“一带一路”战略下我国海外投资环境风险的法律保护

On the Legal Protection of the Environment Risk of Overseas Investment from China Under the Strategy of “The Belt and Road”

随着中国"一带一路"倡议的提出和实践,中国与沿线国家之间国际贸易与投资发展迅猛,为全球经济的发展发掘了新的动力,但随着生态文明、可持续发展等观念的深入,中企在"走出去"的过程中,往往因环保意识和能力欠缺而在东道国遭受环境规制,环境风险不仅贯穿海外投资各阶段,还可引发一系列直接和间接损失,当前我国在国际和国内两个法域对海外投资环境风险的法律保护上都作出许多努力,但仍存在问题,构建绿色"一带一路"必须完善我国海外投资环境风险的法律保护体系,在维护本国利益的同时也为世界投资与环境法则贡献中国力量。

With China“The Belt and Road”initiative and practice,the international trade and investment between China and countries along the belt and road have rapidly developed which explored a new impetus for the development of the global economy.However,with the concept of ecological civilization and sustainable development universally accepted,Chinese enterprises have been restricted by the environmental regulation in the host country due to lack of environmental consciousness and ability in the process of“going global”.The environmental risk not only exists at the various stages of overseas investment,but also causes a series of direct and indirect losses.Currently,the international and domestic laws both provide protections for the overseas investment environment risk.Unfortunately,some problems are still unsolved.China must improve the legal system to protect the overseas investment and make a contribution to the world investment and environmental law.