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The Analysis On Construction Of Dispute-settlement System Of The Belt And Road Initiative

Posted on:2017-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:M P LiuFull Text:PDF
GTID:2296330488450215Subject:International law professional
Abstract/Summary:PDF Full Text Request
With the development of global economy, economic communication among countries has become increasingly frequent, which makes international investment a significant part of it. Meanwhile, more and more disputes have been caused with the international investment. To settle the dispute properly plays an important role in promoting the global economy development. Since the Belt and Road Initiatives being proposed, the economic and trade exchanges between China and related countries have been deeper and more frequent than before, especially in the investment field. However, the number of disputes caused during the investment cannot be ignored. Due to the different economic levels and political and legal systems in various countries, it is common that these disputes cannot be resolved in time, which increases the risk of investment and hinders the communication. Therefore, it is essential to study on the Belt and Road Initiatives Dispute-settlement system. This paper, based on the collected relative statistics and copious literature and documents, compares and analyzes different Dispute-settlement systems built by representative Economic Cooperation Organizations such as WTO、ICSID and NAFTA. It also gives some suggestions about the Belt and Road Initiatives Dispute-settlement system from five aspects of conception, value selection, the conflicts of jurisdiction settlement, program setting and concrete mechanism. The analysis of four problems including how to connect Chinese legal system and Belt and Road’s whether to treat exhaustion of Local remedies as the pre-procedure, whether to introduce the retaliates and how to perfect the overseas investment system are mentioned, and some personal views on the problems are proposed. Compared to other research, this paper designs a range of practical projects based on the specific circumstances in the related countries while learning from the other systems, and provides possible suggestions for the promotion of the Belt and Road Initiatives.
Keywords/Search Tags:The Belt and Road Initiatives, Investment disputes, Investment dispute-settlement system
PDF Full Text Request
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