Font Size: a A A

Research On TTIP Investment Court System

Posted on:2018-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:S S LiuFull Text:PDF
GTID:2336330515498230Subject:Law
Abstract/Summary:PDF Full Text Request
ISDS is an important part of the strategy for a country.The current international approach is to place the ICSID in the respective BIT or FTA.ICSID now facing a series of difficulties.ICSID has no way of making the host country satisfied with its jurisdiction,public interest,state expropriation and compensation.This system urgently needs to change to adapt to the current international investment environment.The Transatlantic Trade and Investment Partnership agreement(TTIP),which the European Union were negotiating with the United States,has not been completed.But in 2015 the European Union made a proposal about the dispute settlement mechanism of the investor country(ISDS),which requires establishing a system of investment arbitration court system to solve investment dispute.It is a meaningful attempt.Section 2 is an analysis of the independence of arbitrators.The EU refers to the International Court of Justice to establish high standards of independence system,to guarantee the neutrality of the arbitrators,and all of arbitrators have some background in public international law so that elements like state control,the public interest,national compensation can be considered in the international investment arbitration.Section 3 discusses the appeal tribunal.The appeal tribunal has been discussed in the field of international investment arbitration for a long time.The appeal of TTIP arbitration is established in reference to the WTO Appeal Body.There are differences between this two system.Section 4 discusses the provisions of third party funding.A third party funding arbitration is a new topic of international investment,discussing where it needs to be noted and the rules of transparency that govern it.Section 5 is talking about development indirection of our country.It is a necessary preparation for China.
Keywords/Search Tags:TTIP, ISDS, Investment Court System
PDF Full Text Request
Related items