国际投资法

国际投资法the law of international investment

BOT-Build Operate Transfer

The government of country A gives an individual corporation of country A or other countries special rights to do business with time limitation.Let the company build and operate particular public basic facilities.

政府给企业特许经营权，建造公共设施。

When the time is up,the management of facilities should be transferred to government of country A freely.The facilities are usually harbor,airport,railway, tunnel etc.

It is widely used from the late20th century.When the economy in many countries increases quickly and they have a great demand for basic constructions.But when the government doesn’t have enough funds,they can try the BOT way.

国际投资的法律形式the form of enterprise in the international investment

Joint venture合资经营企业—is the corporation invested by the investors from different countries.The investors are usually consisted of one or more foreign investor and the government of host country.

Cooperative enterprise合作经营企业—not a company,but a cooperation based on contract.It is more flexible and fit for different types of investment projects.

Foreign-capital Enterprise外资企业—the company settled in the host country,whose capital is totally or mainly from the foreign investors.It is a form of direct international investment.The host country does not need invest and take risks,at the same time the foreign investors can control the technique of their companies and improve the efficiency of the management.

How to solve the international investment problem

--consult with each other and negotiation协商或谈判

--Local remedy:find and request for remedies according to the law of host country 东道国当地救济

--commence a lawsuit in the foreign court of host country in order to get result that is advantageous to them外国法院诉讼

--diplomatic protection外交保护

The government of investor can request for international aid to the host country.The governments of both sides can adopt the measure of negotiation or arbitration仲裁--international arbitration国际仲裁