Research on The International Legal Protection of China's Overseas Interests in The Construction of “Belt and Road” Based on The Perspective of Bilateral Treaties

Nawei Xu
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Abstract

Western powers have been interfering in the internal affairs of some countries along the Belt and Road, promoting "hegemonic diplomacy", and thus affecting the economic interests of Chinese citizens and enterprises in local investment, trade and other activities. In the process of promoting the construction of the Belt and Road, the biggest risk facing my country's overseas interests is the change of foreign regimes and political turmoil. In order to prevent and resolve the risks that hinder cooperation, especially the problems of project suspension, contract cancellation, and investment loss caused by regime change, it is urgent to find solutions with international credibility and authority, and with a certain degree of compulsion. International rule of law is recognized as the most effective way to resolve cross-border disputes and disputes to form international consensus and legitimacy. After studying the legal mechanism for protecting overseas interests, this article proposes to promote the protection of my country's overseas interests by creating new bilateral treaties specifically for the construction of the Belt and Road. In the construction of the Belt and Road, my country should actively use international rule of law to shape rules, and while effectively protecting my country's overseas interests, express its advocacy of international governance and international order, which is in line with the reality of my country's growing economic strength and rising international status.
基于双边条约视角的 "一带一路 "建设中中国海外利益的国际法律保护研究
西方列强干涉 "一带一路 "沿线一些国家内政,推行 "霸权外交",进而影响中国公民和企业在当地投资、贸易等经济利益。在推进 "一带一路 "建设过程中,我国海外利益面临的最大风险是外国政权更迭和政治动荡。要防范和化解阻碍合作的风险,特别是政权更迭带来的项目中止、合同取消、投资损失等问题,迫切需要找到具有国际公信力和权威性、有一定强制力的解决方案。国际法治被公认为是解决跨境纠纷和争端,形成国际共识和合法性的最有效途径。本文在研究了海外利益保护的法律机制后,提出通过创设新的专门针对 "一带一路 "建设的双边条约来促进我国海外利益的保护。在 "一带一路 "建设中,我国应积极运用国际法治塑造规则,在有效保护我国海外利益的同时,表达对国际治理和国际秩序的主张,这符合我国经济实力不断增强、国际地位不断提升的现实。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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