The Study On Investor-State Dispute Settlement Mechanism In Sino

With the increasing development and deepening of economic regionalization and globalization,international economic are becoming increasingly active,economic cooperation and exchanges have become increasingly frequent,international investmenthas entered anew stage of rapid development.As the second largest economy n the world,China has gradually changed from the capital importing country to the dual status of capital exporting counties and capital importing countries.As one of the world's leastdeveloping reg ion,since the beginning of 1990s,African countries had begun to take reforming measures in economy in order to improve the domestic investment environment.What's more,African continent seats in unique geographical position and is abundant with natural resources.Therefore,Africa has become an important investment market for China.Along with the rapid growth of the national economy,with the promoting of the strategy of going out and the establishment of Sino-African Cooperation Forum,China's investment in Africa countries are rapidly increasing n scale and coverage of area.Along with the rapid growth of the national economy,many China enterprises went to Africa for investing and construction in the premise of establishing Sino-African Cooperation Forum and implementing of going abroad strategy.Also,the volume of Chinese foreign d irect investment in Africa had achieved rapid growth.However,Africa's legal system is notperfect and the legislative changes often occur.With thepolitical instability,wars,riots and armed conflicts often occur in Africa.And most Chinese investors are lack of understanding of economic and trade laws and policies,ethnic and religious customs,language and cultural traditions,Chinese investors are facing many risks which will lead to investment disputes in the investment activities.Sino-Africa bilateral investment treaties are thefoundation of investment for Chinese investors and provide investors with theprotection of international law.The investor-state dispute settlement of the treaties provides a variety of ways to solve the disputes from tje perspective of domestic law and international law.However the main provisions concerning investor-protecting and investor-state dispute settlement are not perfect.In order to protect the interests of investors and improve the legal environment of the investment in Africa and promote economic development in Africa to achieve a win-win situation,it is urgently needed that the main provisions,especially investment dispute settlement mechanism of existing Sino-Africa BITS should be analyzed and studied.In terms of existing problems,appropriate advices and suggestions should be put forward to further improve and perfect investor-state dispute settlement mechanism in Sino-Africa BITS.In order to better protect the interests of the investors,taking into account the interests of the host country,the Sino-Africa investor-state dispute settlement mechanism is urgently needed to be analyzed to find existing problems and provide feasible suggestions.This paper is divided into four parts to study the investor-state dispute settlement mechianism of Sino-Africa bilateral investment treaties.First of all,it introduces the current situation of Cina's investment in Africa,the hvestmentpolicy and the reasons which lead to Sino-Africa investment disputes.In the second part,it will analysis the main provisions,for example,investment treatment,expropriation and compensation of the war,pointing out the problems which may lead to investment disputes;this part mainly focus on the analysis of provisions of investor-state dispute settlement in Sino-Africa BITs during four periods and points out the defects.In the third part,this paper will introduce the international arbitration for settlementof investment disputes,including the jurisdiction of arbitration,the application of law,and the recognition and enforcement of arbitral awards;then give an analysis of superiority of arbitration.Finally,the paper will put forward suggestions for the perfect of investors-state dispute settlement.