Studies On The Enlargement Of ICSID Jurisdiction

The World Bank designed the1965Convention on the settlement ofInvestment Disputes between States and Nationals of Other States,and theInternational Center of Settlement of Investment Disputes(ICSID) was establishedunder the Convention, which provides convenient condition to settle the investmentdisputes through international arbitration proceedings or mediation procedures toresolve investment disputes between each other.ICSID jurisdiction is the core of the central mechanism,which determines theright of ICSID to mediate or arbitrate. In practice,ICSID jurisdiction issue is the focusof investment disputes parties,and ICSID has the practice in expanding its jurisdictionthrough the enlargement interpretation of the Convention and BIT.The expansion ofICSID′s jurisdiction will cause negative impacts,which can do a lot of damage to thedeveloping countries.The case of Mr.Tza Yap Shum v. The Republic of Peru is an example of theexpansion,and it will have a profound impact on our overseas investments.Meanwhile,the article will analyse the expansion of ICSID′s jurisdiction and thecurrent investment situation of our country,and propose solution to deal with the expansion of ICSID′s jurisdiction.Paper is divided into two parts:introduction and body.The body consists of fourchapters.The part of introduction is the basic overview of the expansion of ICSID′sjurisdiction and introduces the background of the case.The first chapter introduces the basic overview of the theory for the analysis ofthe article behind,and make the concept and nature of the ICSID jurisdictionclear,analyse the determination procedures and set standards.The second chapter introduces the cause of the expansion and the reflection ofthe expansion in the case.The article also analyses the negative impacts of theexpansion.The third chapter proposes the measures of remediation to the expansion ofICSID′s jurisdiction.The article suggest ICSID establish Arbitration Appellate Bodyand other effective measures.The forth chapter analyses the status of the acceptance to the ICSID′sjurisdiction,and proposes the measures which our country should to deal with theexpansion of ICSID′s jurisdiction.