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On Jurisdiction Of ICSID

Posted on:2008-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:H S ChenFull Text:PDF
GTID:2166360218460922Subject:Law
Abstract/Summary:PDF Full Text Request
With the accelerating pace of our country's open-up, our country's economy has got dramatic development. Our country still puts emphasis on attracting and using foreign investments. Meanwhile it encourages Chinese enterprises go out of China and go to the world. Due to the differences between countries in social and economic conditions, different country will take different policies to foreign investment. So investor and invested-nation often have disputes over foreign investment. Whether these disputes are resolved quickly and fairly will directly affect investor's economic benefits. If these disputes can not be dealt with well, even the relationship between the two nations will be affected.In order to resolve the disputes, World Bank set up Convention on Settlement of Investment Disputes between States and Nationals of Other States after many years hard-working on April 18th, 1965. Meanwhile International Center for the Settlement of Investment Disputes also was founded. For the first time the private foreign investor could make use of international arbitration and intermediation procedures to resolve the investment disputes with invested-nation .Although some other foreign investment disputes resovling mechanisms come out later, they just put a few new concepts about international investment protection into Convention on Settlement of Investment Disputes between States and Nationals of Other States. So we should go deep in the research of disputes resolving mechanism of ICSID.The judge of Jurisdiction is the premises and base of any disputes resolving mechanism .This article analyses the jurisdiction of ICSID from three aspects: jurisdiction over disputes matters, jurisdiction over disputes parties and jurisdiction agreement . This article paraphrases the jurisdiction mechanism of ICSID with new research theories in the international disputes resolving mechanism in order to provide some suggestions on the international investment disputes resolving methods for Chinese enterprises.
Keywords/Search Tags:International Investment Disputes, Convention on Settlement of Investment Disputes between States and Nationals of Other States, Jurisdiction of ICSID
PDF Full Text Request
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