The Study On The Legal Problems Of Investor-State Dispute Settlement In TPP

The stagnation of the Doha round led to the growing trend of regional economic development,and countries began to deal with their respective investment problems by signing economic agreements such as bilateral BITs.The ISDS terms or mechanisms in BITs signed by countries are almost mandatory,and the design of the mechanism itself is inherently flawed and may violate the sovereignty and public interest of the host country.But under the auspices of the United States,TPP was announced on 5 November 2015,which specifically set out the Investor-State Dispute Settlement in Chapter IX,section B.TPP further expanded and strengthened the ISDS mechanism,which has caused widespread controversy on a global scale.Although the recent US government announced the withdrawal of TPP,but from the perspective of the construction of international economic and trade rules,the study of this agreement still has important theoretical and practical value.Therefore,it is necessary to strengthen the research and judgment of ISDS in TPP.Although the two countries now have the capital output power and capital input power of the dual identity,how to deal with TPP ISDS challenges,and the rational application of ISDS mechanism for their own services is very urgent.In this paper,the historical analysis method,case analysis method,text analysis method and comparative analysis method are used.Based on the basic agreement of TPP,the emergence and development of ISDS mechanism are reviewed.The ISDS program in TPP is compared with ICSID arbitration mechanism.According to ICSID Practice analysis of the existing problems and shortcomings of the mechanism,and for its existing problems and defects related to improve the recommendations.At the same time,combined with China's current basic national conditions,to explore China and China's investors to participate in international investment practice and response to ISDS mechanism countermeasures.In addition to the introduction and conclusion,this paper consists of five parts:The first part is the analysis of the dispute settlement rules of the investors in the TPP.This part will study the ISDS rules directly into TPP,and then review the development of TPP.Secondly,the paper analyzes the application scope of ISDS rules in TPP,and then classifies the dispute settlement method,and explains the basic contents of ISDS rules in TPP at last.The second part is the comparative analysis of the relevant provisions of ISDS rules and ICSID in TPP.This part compares the ISDS program in TPP with the ICSID arbitration mechanism from the aspects of the connotation and extension of the relevant concepts,the jurisdiction,the solution of the solution and the arbitration mechanism,and analyzes the continuity and development of the traditional ISDS mechanism.The third part is the defect analysis of ISDS rules in TPP.Based on the comparison of the previous part TPP and ICSID,this part summarizes the main disputes and defects in the ISDS rules in TPP,and finds that its expansion in jurisdiction,inconsistency in arbitration award and lack of review and appeal mechanism And other issues.Which may lead to the legitimate interests of the host country in the arbitration was damaged.The fourth part is the recommendations to improve the ISDS rules in TPP.Through the analysis of the previous part,we can find that there are many defects in the design of ISDS rules in TPP.In order to reduce and prevent the damage caused by these defects,In order to reduce and prevent the possible damage caused by these defects,this part puts forward relevant opinions and suggestions on the improvement of ISDS rules in TPP from the aspects of strengthening the host status of the host country,regulating the meaning of related concepts and establishing relevant supporting system.The fifth part is the revelation of ISDS rules in TPP to China.This part first elaborates on the development and change of the attitude of ISDS in China,and then analyzes the opportunities and challenges might brought by ISDS in TPP.Finally,combining with the dual status of capital input and capital export Basic national conditions,as well as ongoing China-US bilateral investment agreement negotiations,for our reasonable use of ISDS mechanism to protect the interests of our country and overseas investors,make reasonable recommendations.In this paper,through compared the ISDS rules in TPP and traditional ISDS mechanism to sum up the TPP in the mechanism of the new development and its problems and shortcomings.Although the TPP is uncertain,the rules it establishes are of great significance to the construction of international investment rules,which may have a significant impact on the future interests of our country in the field of international investment.In view of the dual status of capital input and capital export in our country,the ISDS mechanism can not be discarded.Therefore,in the future negotiation of bilateral investment agreement,the inclusion of ISDS clause should be decided according to the identity of the negotiator.Divided into capital-exporting countries and capital-importing countries to adopt different strategies to better protect the interests of our country.