Research On Diplomatic Protection System Of International Investment

Diplomatic protection is a traditional method to solve the investment disputesbetween foreign investors and host countries, which has great important position in thefield of public international law. With the development of international investment,more and more debates occur and pose new challenges to diplomatic protection ofnational investment. At present, China becoming leading powers in both introducingforeign investment and exporting investment abroad, it is a task of top priority that howto protect our national interests of overseas, and how to response to the protectionproblems of foreign capital and foreign investors that capital export countries stand for.Therefore, it has a profound theoretical and realistic significance to strengthen theresearch of diplomatic protection system of international investment.Firstly, the definitions and fundamental theories of diplomatic protection andinternational investment are explained in this paper. Secondly, based on the introductionof “Draft Articles on Diplomatic Protection”, two protection prerequisites, which are thecontinuous nationality principle and exhaustion of local remedies rule, are analyzedfrom several aspects, such as basic contents, judgment standards, exceptionalcircumstances and so on. Thirdly, concentrating on the specific questions currently ofdiplomatic protection system, several solutions are proposed. Lastly, in the internationalbackground of economic globalization, this paper puts forward several constructiveopinions aiming at the existing problems of diplomatic protection, combiningdiplomatic protection system of international investment with our national reality needs.