The Analysis On Dispute Settlement Mechanism Of Bilateral Investment Between China And The United States

The negotiation of BIT between China and the United States has been put on hold for several years finally been putted on the agenda. As of January 28,2016, the two countries have been 24 rounds of negotiations. Two countries held substantive negotiations and achieved some results around treatment for investors, market access conditions, protection of environment, labor, and intellectual property rights. Dispute settlement mechanism is the most important part of BIT. It’s related to the measures about two countries in the face of investment disputes. The United States has historically been more pay attention to the protection of the interests of the investors. But China is in the key stage of gradual transition to the capital exporting country. It’s need to attach great importance to the protection of the interests of the host country and also cannot ignore the interests of investors. Because of the difference of economic, political and legal system between the two countries, the generation of investment disputes is almost inevitable. If they do not negotiate out a reasonable dispute settlement mechanism to balance the national interest between two countries, it will expand the conflict, upgrade the contradiction. And the dispute cannot be solved effectively. Also it’s not conducive to long-term cooperation between two countries. Consequently, this thesis study on the dispute settlement mechanism of BIT between China and the United States. Consulting a lot of materials in domestic and overseas. Analysis on the jurisdiction, procedure and execution of dispute settlement mechanisms in ICSID, WTO, NAFTA. Basing on the real situation of China, Finding out the useful content. In addition, making a brief introduction of the status quo of BIT of China or the United States. Analysis on the shift of two countries’ BIT policy. Conceive the dispute settlement mechanism of BIT between China and the United States. In the end, this thesis discusses some issues may be faced between the BIT negotiation between two countries, also, find out the solutions.