Legal Prevention and Dispute Settlement for China’s Enterprises Involving Overseas Investment Risk in the Belt and Road Initiative

LI Meng （Tsinghua University，Beijing100084，China）

Abstract：Political and legal risk is the most important worrier for China’s enterprises to invest along the Belt and Road； and it is also the most important difficulty facing these enterprises in“going out”. Legal risk is usually the result of political risk， and legal means is also the effective way to cope with political risk；and political and legal factors are connecting and interacting with each other. Political risk concerning overseas investment of the Belt and Road Initiative includes the impact of host country’s government alternation on investment contract，the impact of host country’s labor union on local government and people，the lack of contract spirit in countries that is not market-oriented，and so on；related legal risk includes property right，investment fields，environment protection，taxation and so on in the stage of market access，capital operation and asset withdraw of overseas investment. With the help of objective analysis on the political and legal risk in the Belt and Road Initiative，and combining with related international experiences and conventions，exploring risk prevention and dispute settlement mechanism in overseas investment of the Belt and Road Initiative with the help of law，and effectively and dynamically preventing，controlling and managing political and legal risk during the whole process of overseas investment can not only provide China’s enterprises with legal protection in maintaining their right and interests in overseas investment，but also can lay the solid foundation and create the precondition for legal construction of the Belt and Road.

Key words：the Belt and Road；overseas investment；political risk；legal risk；prevention mechanism；dispute settlement