The Research Of The Investment Dispute Settlement Mechanism Of China-ASEAN Free Trade Area

Since the "China-ASEAN Framework Agreement on Comprehensive Economic Cooperation" signed, the preparation of China - ASEAN Free Trade Area have been put on the agenda. Bilateral economic, trade and investment have got the great-leap-forward development. Building the China - ASEAN Free Trade Area has been put on the legal track since the signing of "China-ASEAN Framework Agreement on Comprehensive Economic Cooperation Agreement dispute settlement mechanism". However, the dispute settlement agreement has its limitations, and Especially the bilateral investment need to be adjusted by the investment dispute settlement mechanism ,which has become increasingly active. Therefore, this article is aimed at to set up the specific concept of the China - ASEAN Free Trade Zone investment dispute settlement mechanism, which is focusing on the development of the investment field of the China - ASEAN free trade area, based on the Settlement of Investment Disputes of the existing free-trade zone rules and referencing the major trends of the international investment dispute settlement mechanism..the full text is about 30,000 words, which is divided into five parts, with the introduction and the conclusion.The first part "China-ASEAN bilateral investment profile." this section points that the establishment of investment dispute settlement mechanism is to deepen the development of a free trade zone an inevitable requirement, by describing the changes of bilateral investment since the "China-ASEAN Framework Agreement on Comprehensive Economic Cooperation" signed, and analyzing the development trend of investment.The second part "the existing rules for Settlement of Investment Disputes of China -ASEAN Free Trade Area ." First of all, this part analyzes the bilateral investment agreements which had been signed by the 10 ASEAN countries and China. Second, this part reviews the contents of the "China-ASEAN Framework Agreement on Comprehensive Economic Cooperation Agreement dispute settlement mechanism", and points out the meaning of establishment of a free trade zone for Settlement of Investment Disputes.The third part "the necessity and feasibility of the establishment of China - ASEAN Free Trade Area for Settlement of Investment Disputes mechanism." the view of this part is that the legal framework of the existing free-trade zone need to set up this mechanism ,which is a historical experience, an need of the development and improvement of the existing dispute settlement rules as well as the elimination the negative impact of the "China threat theory".The fourth part "the principles of establishing the China - ASEAN Free Trade Area of the investment dispute settlement mechanism." This part put up four principles: the principle of encouraging friendly consultation, the principle of disputing the settlement in legal, the principle of respecting the host jurisdiction and the principle of drawing on the alternative dispute resolution mechanisms.The fifth part "the specific ideas of the establishment of the China - ASEAN Free Trade Area investment dispute settlement mechanism." This part is the focus of this article. This part discusses the specific ideas of establishing the China-ASEAN free trade area investment dispute settlement mechanism including the scope of cases accepted,the confirmation of the qualified investors,the application of the law,the arbitration proceedings and the Coordination with WTO and ICSID.