中国对非洲投资的环境法律争端:预防与化解

Environmental Legal Disputes over Chinese Investments in Africa:Prevention and Resolution

中非合作全面深化,建筑业和采矿业长期位居对非投资前列,其环境影响性和资源依赖性,导致企业屡陷环境法律争端。因此,构建对非投资环境法律争端的预防与化解机制尤为必要。建议以环境法律风险预防原则为前提,在投资审查和融资信贷过程中坚持绿色原则,提前规避争端;以替代性争议解决为手段,依托国际调解和仲裁机制,加强第三方争端解决的执行力;谨慎使用当地司法救济解决环境法律争端,合理承担责任,有效保障权益;尝试构建国际环境法庭,积极参与中非环境治理,共同应对全球气候变化。

China-Africa cooperation has deepened across the board,and the construction and mining industries have long been at the forefront of the investment,with their environmental impact and resource dependence involving companies in repeated environmental legal disputes.Therefore,it is particularly necessary to build a mechanism for the prevention and resolution of environmental legal disputes over investment in Africa.It is recommended to adhere to green principles in the investment review and financing credit process with the premise of environmental legal risk prevention principles and try to avoid disputes in advance;It is advisable to use alternative dispute resolution as a means to strengthen the enforcement of third-party dispute resolution by relying on international mediation and arbitration,to cautiously employ local judicial remedies to resolve environmental legal disputes,and to take reasonable responsibility and effectively protect rights and interests.It is also suggested to try to build an International Environmental Court,actively participate in environmental governance in China and Africa and jointly respond to global climate change.