The law and practice of overseas investment insurance system America

 

Preface.According to the Ministry of Commerce of the people's Republic of China, American Oceania economic research department for many years, China conducted very fruitful cooperation in the areas of investment. By2005At the end of the year, the China investment projects amounting to49006A contract amount, US1121.2Billion dollars. Can say, one of the America is still my biggest source of foreign capital. For the protection of the American, American domestic specialized overseas investment insurance system, such as1969Years American established Overseas Private Investment Company, to protect its own overseas investment with insurance way, scholars in our countryIn order to know yourself as well as the enemy in case, beware of the inferior and passive position in cooperation,The system has been widely studied. At the same time, the others advanced, scientific system to establish a Chinese characteristics of overseas investment insurance system in ChinaAlsoBe of great advantage. However, American this system does not put things right once and for all, whether it is the legislative or, or its contractors or, always change in the situation in the stability, even as the system security and supplementary bilateral treaty is because of the different countries, different periods and different. In essence, it is USA active through the revision of domestic law and international treaties, do their utmost to protect itsOverseas investmentInterest. This paper makes research on the current legislation, treaties and other data, see the legislation through the provision of law, through the practice of the operation method of operation.

 

 

 

 

 

 

Mesh  Record

 

Preface1

Catalog2

Abstract....3

Key word....3

English abstract and keywords....4

One, USA efforts in domestic law.....5

(a) history....5

1"Economic Cooperation Act of"5

2"Common security act"....5

3"The foreign assistance act"5

4"The foreign assistance act"1969Years of amendment....5

Two.OPICThe basic system.....6

1The organization, funding sources and the scope of business.....6

2Insured, don't6

3Insurance conditions8

Two. America efforts in the context of international law10

(a) the modern navigation treaty.....10

(two) Investment Guarantee Agreement....11

1On the right of subrogation problems....11

2The host jurisdiction problem....11

3Protection of overseas investment non US company.....12

(three) the investment protection agreement.....12

The operation mechanism of three, America private overseas investment insurance....13

Four, the conclusion....15

Appendix.....16

References and notes....20

 

 

Abstract:USA overseas investment insurance system is a long-term exploration and practice, a set of more perfect system through the joint efforts of the two aspects of domestic law and international law and set up. By analysis of the bilateral treaty America domestic legislation and the overseas investment insurance of its conclusion, and combining the practice, explore how to adjust USA Overseas Private Investment Company domestic legislation, and related to the bilateral treaty as a supplement, the two complement each other, coordination, and through careful design and integration of the two., skillfully break through the obstacles to international legal protection of overseas based, in order to achieve its purpose: to protect the overseas funded from the law, for its capital assured delivery to developing countries and from non business risk guarantee.

 

 

Keyword.   The overseas investment insurance system   OPIC  The bilateral investment treaty 

 

 

Theme The disquisition of American legislation and practice in overseas investment insurance system

 

Abstract The American overseas investment insurance system which is built during a long time exploration and practice both at home and abroad is rather efficient. By synthetically analyzing the American domestic legislation and bilateral agreements signed with other countries about overseas investment insurance and combining the American practice, this thesis aims to find out how this government can elaborately devise and adjust its legislation and agreements mentioned above to skillfully break through varieties of embarrassments from international law and  Consequently realize its persistent tenet: protecting legally the overseas investments to the best of its ability to make sure that its home capital can be safely put into the less developed countries and avoid the non-business risks

 

Key words Overseas investment insurance system, Overseas Private Investment Company, bilateral investment guarantee accords

 

 

 

 

 

 

One, USA efforts in domestic law

Throughout theAmerican about how to effectively protect the overseas investment capitalThe legislative history can be seen, in the domestic law, America mainly is to formulate relevant laws, and according to the law to establish the corresponding execution mechanism, in order to make it legal, policy guarantee system.

(a)   History

1"Economic Cooperation Act of"

After World War II, a lot of us into Europe ", as an important part of the Marshall plan", "Economic Cooperation Act" to1948Through the years, some of the overseas private investment to protect the original provisions, relates to the most basic spirit, such as: protection of American investment guarantee system suitable area was only in Europe; investment guarantee limited to currency exchange risk (1950Revised bill increases the expropriation risk); the investment guarantee the organizer business is the economic cooperation administration, straight to the America Council, is an administrative department.

2"Common security act"

USA to adapt to changes in the environment of international investment legislation, constantly updated, maintain flexibility, so that protect us maximum, in1950Through the "Common Security Act", after1951Years,1956Years,1959Grade revision. It mainly involves the following contents:1959Years after the provisions shall apply USA investment insurance system based only on the capital to developing countries;1956In the original "Economic Cooperation Act" bearing insurance other increase on the basis of the risk of war; the investment guarantee sponsor system also undergoes several changes, from the economic cooperation administration to1952Mutual security agency years,1953Years of foreign affairs,1955International Cooperation Agency years.

3"The foreign assistance act"

  1961Years of the "foreign aid bill" and a new content, such as bearing insurance don't increase the revolution and civil commotions, and organizers once again changed, changed to the international development agency, but always keep only protects the developing countries u..

4"The foreign assistance act"1969Years of amendment

   To1969Years, the American Congress8Revision of "foreign aid bill", will host the institution change "Overseas Private Investment Company". This is from the "economic cooperation since the bill" America changed several times after a big change in legislation, the Department for the company, a program is also USA constantly learn lessons carefully designed. Although the company, its behind or by the government to do the strong backing. Take this form, is simply America wants to make "political problem to achieve commercial solution, to avoid direct confrontation" between the government and the government [1], to achieve this intention, USA well-designed Overseas Private Investment Company indeed played a significant role (see below for details). And the government doesn't want this business to let private business, because on the one hand, the political risk insurance business is too large, private insurance companies are unwilling to take the risks [2]; on the other hand, by the government as essence sponsors to sign the treaty, the subrogation better, more conducive to protect us, but USA overseas investment insurance system is carefully arranged, everywhere to reflect the beauty of the government's good intentions, step by step for the camp, hope that the initiative is always held in their own hands, to ensure that theAmerican private and public interests are protected.In addition, the business is also can be seen, the company with the guidance of investment by the government, business, the policy should grasp and implement, this is to let the Private Companies management is unable to realize the benefits of.

    So far, the overseas investment insurance system American after many years of efforts, the organization, the perfect Overseas Private Investment Company, referred to asOPIC. A turning point, it is also the system should say, the establishment of the Overseas Private Investment Company is the beginning of insurance system on real significance, only the insurance underwriting business, only the subrogation and other basic insurance system operation. Since theOPICSince the USA authorized, and according to the established special bill1974Years,1978Years,1981Years,1988Years and2003Years were revised several times, the current is"2003YearsOPICThe amendment".