중국의 아세안국가에 대한 에너지 투자법 연구

Abstract

Laws related to overseas energy investment are governed by Article 6 of Chapter 2 of Ordinance of the Ministry of Commerce of the People’s Republic of China 2009 No. 5, “Permanent Sovereignty over Natural Resources” (Energy Charter Treaty), Charter Treaty: ECT) Article 18 is representative, and ASEAN countries limit investment in flexible fuel development and actively encourage investment in clean energy under the supervision of domestic and foreign energy investment-related ministries by country. As for the tax revenue system related to energy investment in ASEAN countries, double taxation is a key issue due to the clash between personalism and territorialism. It is desirable for the investor's home country to conclude a double taxation prevention agreement with the host country to prevent double taxation. There are three types of energy investment insurance systems in ASEAN countries: a bilateral model, a single model, and a mixed model. The bilateral model is representative of the United States, and foreign investors can only be used in the United States if they have signed a bilateral investment protection agreement with the United States. The hybrid model does not necessarily force Germany to conclude a bilateral investment protection agreement with Germany. Although not an absolute requirement, it should be seen that Germany is biased toward the US model as it has active bilateral investment protection agreements with developing countries. China Export Credit Insurance Corporation's 「Insurance Investment Guidelines(投保指南)」 does not include 'Invest in countries that have bilateral investment protection agreements with China' as a qualifying investment item requirement, so it is close to the German model, but ASEAN As bilateral investment agreements are signed with countries, it would be desirable to revise the US model in the long run. The international insurance business is handled by the Multilateral Investment Guarantee Agency (MIGA), and once MIGA agrees to pay insurance and damages to an investor who has incurred a loss, the investor will immediately notify the government or other debtors of the investment destination country. In ASEAN countries' energy investment dispute resolution system, there are four methods: litigation, negotiation, mediation, conciliation and arbitration based on the Energy Charter Treaty (ECT) and CAFTA. Because CAFTA does not include any litigation other than the contract violation of the investment target country's investment dispute mediation scope, the protection of investor interests is not perfect. China’s ASEAN countries energy investment dispute resolution bodies are the International Center for Settlement of Investment Disputes (ICSID), the Stockholm Chamber of Commerce (SCC), and the United Nations Commission on International Trade Law: UNCITRA).