Research On "Ratione Temporis" And "Local Remedies" In "Peace V. Belgium"

The World Bank passed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States(Washington Convention)in 1965,and set up International Center for Settlement of Investment Disputes(ICSID)under the guidance of the Washington Convention,which dedicated to the admissibility of direct international investment disputes between a Contracting Government and other Contracting State's nationals.Since then,the BITs dispute settlement provisions mostly took whether to accept the jurisdiction of the ICSID,and within which scope to accept ICSID jurisdiction as the basic content.With the implementation of the "going out" strategy,the rapid development of economic,the strength of enterprises and the rapid expansion of the overall size of the overseas investment of Chinese enterprises,China's actual investment in foreign countries has more than foreign investment in China,and become a net exporter of capital.How to develop the ICSID jurisdiction provisions involves national interests in the field of international investment.And how to apply the ICSID jurisdiction clause involves how to protect enterprises' rights and interests in the process of foreign investment.Therefore,combining with the current situation,the research on the jurisdiction of ICSID is imperative.This paper based on Pingan v.Belgium case,the first case of Chinese enterprises sued the host country government because of nationalization and expropriation,to begin a deeper study on the question of ICSID jurisdiction.There are four chapters in this paper besides introduction and conclusion.The first chapter introduces the fact and judgment of Pingan v.Belgium case and discuss the disputes clauses and the core issues,namely how to apply the ICSID jurisdiction clauses in 1986 and 2009 BIT between China and Belgium,in the case.The second chapter talks about the time validity of BITs in the Pingan v.Belgium case from two aspect,the theoretical deduction of traditional international law and the analysis of the arbitration tribunal in this case,and analyzes the rationality of the award about the time validity of BITs.The third chapter talks about the application of the host country local relief from the international law point of view,ICSID mechanism and the interpretation of the arbitration tribunal in this case three aspect.Then the author analyze the rationality of the tribunal's interpretation about host country local relief deeply and get the conclusion that ICISD arbitration tribunal should have the jurisdiction in Pingan v.Belgium case.The fourth chapter puts forward the proposal:after the Pingan v.Belgium case,China should be improved in the following two aspects:to improve the "Interim Provisions" and abandon the provisions of host country relief in Chinese BITs.