Gu Enuo
International investment constitutes a key dimension of high-quality cooperation under the Belt and Road Initiative. However, affected by unilateralism, protectionist measures, and growing regulatory uncertainty, it faces increasingly complex and diverse risks. Deepening the rule of law cooperation based on an international order governed by international law is not only a fundamental way to mitigate investment risks associated with the Belt and Road Initiative but also an essential requirement for building a more just and reasonable system of global economic governance. At present, investment rule of law cooperation under the Belt and Road Initiative faces three main challenges: limited legal cooperation capacity among some participating countries at the subject level, insufficient coordination between hard law and soft law at the normative level, and relatively weak regional enforcement and dispute-prevention mechanisms at the implementation level. To advance regional investment rule of law cooperation and promote the high-quality development of the Belt and Road Initiative, China should foster consultative governance on investment rule of law cooperation among partner countries, comprehensively upgrade hard law and soft law instruments regulating investment, and strengthen enforcement and dispute settlement capacity, thereby contributing a more just, reasonable, and inclusive model of investment governance to the world.
内容提要 作为高质量共建“一带一路”机制的合作重点，国际投资活动面临着逆全球化下单边主义与保护主义的影响，呈现出复杂多样的投资风险。深化基于“以国际法为基础的国际秩序”的法治合作，既是降低“一带一路”投资风险的根本路径，也是塑造更为公正合理的全球经济治理秩序的必然要求。当前，“一带一路”建设的投资法治合作存在法治合作能力欠缺、硬法软法协作不足、区域执行机制薄弱等问题。为展开区域投资法治合作，推动共建“一带一路”高质量发展，中国作为倡议国应当促进各国就投资法治合作展开协商治理，全面升级规范投资活动的硬法与软法，强化执行与争端化解能力，进而为全球贡献更加公正、合理、包容的投资治理新范式。