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Research On Dispute Settlement Mechanism Of China Bilateral Investment Treaties

Posted on:2017-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2296330485474868Subject:International Law
Abstract/Summary:PDF Full Text Request
International Investment as an important form of economic development plays an extremely important role, because the date has not yet formed a comprehensive multilateral investment agreement, and the current situation is that the negotiation process is still the Multilateral Agreement on Investment very slow, or even halt the case, therefore, bilateral investment Treaties are undoubtedly the existing international legal framework for investment pillar, which, as one of the core provisions of its dispute resolution provisions becomes is particularly important, it can not only resolve investment disputes has been formed, as well as preventive measures to avoid or reduce the effects of future investment disputes. China’s foreign investment Bilateral agreements signed in different historical periods, due to changes in domestic and international environment and changes, dispute settlement provisions also will be a corresponding change. Overall, most of the provisions of the bilateral investment agreements in the two types of dispute settlement provisions,one is disputing investor home and host countries to solve, the other is to solve disputes between investors and host countries. With economic development, China’s overseas investment is increasing investor dispute mechanism between the foreign investor and the host country is a bilateral investment treaty negotiations needs to be a key issue special attention.In this paper, first the general concept of bilateral investment agreements,characteristics, significance and development of bilateral investment agreements were introduced. Then the following detailed description of the bilateral investment agreements in dispute settlement provisions of the two types of the respective dispute resolution methods. Again, due to the ICSID play in the settlement of investment disputes in a particularly important role, outlined herein explain ICSID of the situation, and finally,analyzes the status quo provisions of the US template Dispute Settlement New Changes of bilateral investment agreements in dispute settlement mechanism detailing of BITs signed the most comprehensive but also the most representative of the Canadian BIT regardingdispute settlement provisions of the Sino-US negotiations is Central Europe BIT provide some useful countermeasures.
Keywords/Search Tags:Bilateral Investment Treaties, Dispute Settlement Mechanism, Investor-State Dispute Settlement Mechanism, ICSID
PDF Full Text Request
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