The Studies On The Issue Of Balancing Interests Between The Host Developing-Country And The Investor Under International Investment Arbitration

Recently,there was an obvious tendency in the practices of international investment arbitration that the tribunal ignorant the host state’s interests seriously while protect investors’interests.The fact will harm host state’s right to manage the investment heavily,gradually it will create the imbalance between investors’interests and host state’s interests. So seeking a resolution to balance the interests of the host state and investors has been a hot issue.This article is divided into five parts.The first part stared from the present situation of the imbalance between the host country and the investor.The ICSID Center which was found in1965has become one of the most important methods of international investment dispute settlement.Its role in the dispute settlement is irreplaceable and remarkable.However,the lately practice of the tribunal is really astonishing.Generally speaking,international investment promotes funds flowing between different countries,it will benefit the state and investor both.But the imbalance brings the state to court easily,which makes serious damage to the host country’s national interests.In the second part,the writer of the paper probes into three articles in BIT,illustrating crisis in the jurisdiction and management the host state may encounter.In the third section,the writer analyse causes of the problem from different aspects and then bring up some suggestions so as to mitigate the confliction between the host state and investors.