Font Size: a A A

Research On The Changes Of Jurisdiction Of ICSID

Posted on:2013-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:J L WuFull Text:PDF
GTID:2246330374469216Subject:International Law
Abstract/Summary:PDF Full Text Request
In the field of international investment, especially the field of private international investment, the disputes between investors and host countries cased for investment happen frequently. Whether these disputes can be solved timely and fairly or not, not only affect the immediate interests of investors, but also impact economic relations between the host country and the homeland of investors. In order to solve the disputes in the field of private international investment timely and fairly, the world bank formulated convention on settlement of investment disputes between states and nationals of other states in1960s. International Centre for Settlement of Investment Disputes, namely "ICSID", is founded based on the convention. Therefore, private investors can solve the host country and investment disputes through the international arbitration or mediation program. Although there are some other settlement mechanisms of international investment dispute afterwards, most of them are formed by adding new ideas about international investment and protection to the framework of convention on settlement of investment disputes between states and nationals of other states. Therefore, it is consistent with the development of China and helpful for improving the status and influence of our country in the international economic development to research the convention further.The paper analyzes the specific changes of the ICSID jurisdiction system further on the basis of analysis on this jurisdiction system of the convention, combining the change of international economic and social development, the actual situation in our country, the new development of the dispute settlement mechanism of investment. This article mainly uses the methods of historical analysis and comparison analysis to make us clearly understand the Washington convention and related rules about centered jurisdiction and its changes, especially the attitude and tendency of "center" when it decides a case of investment, so that our country draws lessons from it when signing investment agreements.The article is divided into five parts:the first part is the full description and analysis of historical evolution of ICSID in detail, which includes two parts:one is the clarification of historical background; the other is the main theory of jurisdiction; The second part is the discussion about change trend of the subject of ICSID jurisdiction. change trend of the subject of ICSID jurisdiction is discussed and researched, so that trigger profound consideration on structure of international law. In the third part, the ICSID jurisdiction of the object change is stated. In the fourth part, the development trend and the improvement measures of ICSID jurisdiction is analyzed. The fifth part discusses the impact of the change of the ICSID jurisdiction on China of the change of the ICSID jurisdiction and the measures in the new situation of extension of ICSID jurisdiction, so that protect the interest of our country in international economic exchanges.After in-depth study in this paper the following conclusions:First, from the inception of the ICSID jurisdiction, we find that:the ICSID jurisdiction over the subject from the strictly limited to loose. Second, the "Washington Convention" is not made within the definition of "investment" has undergone subtle expansion. Third, the reform of the ICSID jurisdiction requires steady progress in our country should take a big country mentality ICSID jurisdiction to deal with the problem to be retreat. in the face of the trend of ICSID jurisdiction, our parties agree, the author suggests should continue to maintain a conservative and cautious approach. Which ICSID jurisdiction over the subject, object trend is a major highlight of this topic, in addition to the author ICSID jurisdiction to improve the exploration initiative is the innovation of this paper. I hope that the trend of ICSID jurisdiction, to promote a more reasonable construction of the international investment regime.
Keywords/Search Tags:ICSID, Jurisdiction, arbitration, International Investment, Appellate mechanism
PDF Full Text Request
Related items