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Study On Multi Ggovernance Of Investor-state Disputes During The Belt And Road Construcion

Posted on:2021-05-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y P BaiFull Text:PDF
GTID:1486306230980959Subject:Economic Reform
Abstract/Summary:PDF Full Text Request
The "the Belt and Road" initiative has been developed for several years,which not only promotes the leapfrog progress of China's foreign trade and foreign investment in terms of volume,but also makes great progress in terms of the quality of China's foreign trade and foreign investment.Especially in the field of foreign investment,we have made encouraging achievements,injecting new impetus for economic growth to China and bringing great benefits to countries along the belt and road.However,every coin has two sides.With the deepening of globalization and the increasing proportion of international investment in international economic activities,the risks faced by international investment have multiplied.As a major country of capital input in the joint construction of "One Belt And One Road" initiative,China needs to pay attention to these risks and formulate countermeasures as soon as possible to escort the international investment activities of "One Belt And One Road" construction.For the development of international investment,the difficulty to be overcome is the possibility of investor-state disputes.In this regard,this paper takes the "One Belt And One Road" initiative as the background and the investor-country dispute as the research object to carry out the discussion in three levels.First,using historical research method,summarize the emergence and development of investor-state disputes.From the perspective of political science,investor-country disputes arise because there is no consensus among the stakeholders of overseas investment,especially between the investors and the host country,on how to distribute the interests,which leads to investor-country disputes.This paper summarizes the overseas investment interests into two aspects: property rights(property rights)and management rights(governance).Second,after the emergence of investor-state disputes,there must be a realistic need to resolve the disputes and bridge the contradictions,thus resulting in investor-state dispute governance.At present,the effective investor-state dispute instrument is a legal governance instrument represented by international investment arbitration.However,due to its inherent contradictions,it has been unable to meet the needs of investor-state dispute governance.In particular,it cannot meet the needs of the multi-governance of investor-country disputes in the construction of "One Belt And One Road".Third,we need to explore a more effective governance mechanism to provide more diversified governance services for investor-state disputes in the construction of "One Belt And One Road".Therefore,the core issue of this paper is how to realize the multi-governance of investor-country disputes in the framework of international politics by applying the global governance concept of the community of Shared future for mankind.This paper argues that the international community has gradually transferred from the anarchy of the barbaric society to the autonomy of the villager society,which is an important prerequisite for re-understanding the causes of investor-state disputes.In the autonomous state of the villager society,investors and the host country can find common interests in the conflicts of interest,because where there is a conflict of interest,it is where the common interests are,and it is also where the investor-country disputes are multi-governance.Through the multi-governance of investor-country disputes,it provides a platform for overseas investment stakeholders,including investors and host countries,to discuss together.We will promote the joint efforts of overseas investment stakeholders to expand international investment cooperation,so as to share the fruits of investment in a richer range of overseas investment interests and achieve common development,prosperity and prosperity.This is a feasible solution for resolving investor-state disputes,improving the international investment and business environment,strengthening the inherent tension in the reform of the global governance system,promoting sustainable development of the international economy and maintaining long-term stability of the international community.
Keywords/Search Tags:"the Belt and Road", Investor-state disputes, Multiple governance, A community of Shared future for mankind
PDF Full Text Request
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