Research on transnational investment risks of new energy enterprises from the perspective of international law regulation——Take Jinko Solar's Malaysian project as an example

Abstract

The global energy transition combined with geopolitical competition has placed cross-border investments by new energy enterprises under the dual tension of "rule proliferation and risk distortion." This paper approaches the subject from two academic perspectives: international law theory and international investment law. It defines "international legal regulation" as a dynamic system encompassing multilateral rules, bilateral investment treaties (BITs), and foreign investment review systems in host countries, highlighting its impact on new energy project risks through three mechanisms: "rule certainty— enforcement credibility—contextual conflict." Through critical synthesis of existing literature, this study reveals three key findings: First, current research predominantly focuses on rule texts while neglecting legal enforcement disparities; Second, insufficient attention has been paid to the heterogeneity of Belt and Road countries; Third, there is a lack of tracking of the temporal evolution of international legal regulation. To address these gaps, this paper constructs a theoretical framework centered on "sovereign equality—jurisdictional conflict—institutional credibility," proposing that future research should integrate legal enforcement quality and geopolitical sensitivity into a unified analytical perspective to explain why identical BIT clauses generate markedly different risk mitigation effects across nations.