The Research On The Development Of Amincus Curiae In The International Investment Disputes Arbitration Mechanism

With the development of economic globalization, the capital has been developed through the flow of money all over the world. It is important for the developing countries to attract foreign direct investment which can also promote the countrie's economic development.And the investment disputes between the investors and the host country government have increased.At present,the solution of the disputes ,which is between the investors and the host country government,have often been solved by the international investment disputes arbitration institutions, such as ICSID ,NAFTA,and so on.Nowadays,more and more problems arised , such as the public interest and the neglection of the transparency ,with the deeply development of the investment disputes arbitration mechanism,and have been criticized widely.Considering those problems, amicus curiae have been introduced into the investment disputes arbitration mechanism between investors and the host countries.This paper is focused on the development of amicus curiae in the international investment disputes arbitration mechanism between investors and the host countries.Firstly,the basic theory of amicus curiae have been expounded, including the definition,evolution process.Secondly, this paper, from the angle in system and practice,analysed the development of amicus curiae in international investment disputes arbitration mechanism between investors and the host countries.On the one hand,the development in treaties have been analyzed, also in cluding the analysis of the bilateral investment treaties models in the United States and Canada.On the other hand, those cases ,which happened in the ICSID and NAFTA,have been discussed.In addition, this paper also discuss the current situation of amicus curiae in China-Asean Free Trade Area.At the same time, the differences of the development of amicus curiae have been contrasted between the WTO dispute settlement mechanism and the international investment disputes arbitration mechanism between investors and the host countries.Then,in this paper, the value of amicus curiae in the international investment disputes arbitration mechanism between investors and the host countries have also been analysed.Finally, the perfection of amicus curiae in the international investment disputes arbitration mechanism between investors and the host countries showed that the comprehensive reviewing is needed.In order to improve the excises of amicus curiae, the rethinking should be inluded in variable interests,including the interests of the division, arbitration, the power, and the building of mechanisms.