Study On Legal Issues Of ICSID Jurisdiction

With the rapid developing of our country's economy,China's national strength continuously strengthen,more and more enterprises in our country has carried out overseas investment business.However,it is worth noting that,the Chinese enterprises in overseas investment meet with difficulties all the time.the reason,on the one hand,is the host country,in the face of their own tough economic times,often break the bilateral investment treaties,Or impose more harsh conditions on Chinese enterprises.On the other hand,Chinese enterprises don't prepare well enough,For example,they are a lack of understanding of the ICSID arbitration mechanism.So In this paper,we choose the accusation of Ping An Insurance Group against Belgium,focusing on ICSID Jurisdiction,find the settlement method for our government and enterprises.This thesis,excepts introduction and conclusion,divides into four chapters structurally.The first chapter,firstly describes the process and influence of Ping An Insurance Group v.Kingdom of Belgium.Including the process of the case,and the controversial points to carry out a preliminary brief description,so as to pave the way for the following analysis.Finally lay emphasis on three legal issues of Chinese enterprises in overseas investment,according to this case.The second chapter focuses on the inter-temporal law in the application of treaties.This chapter,firstly,discusses the theory of the inter-temporal law in the application of treaties,then on the basic viewpoints of both side and ICSID,finding out the problem of the arbitrament,to put forward countermeasures,which according to the perspective of enterprises and government.The third chapters,focuses on the affirmation standards of proper disputes,also analyzes the ideas of the two parties and the nature of controversial focus of this case.Then,making proposals for our enterprises and government.The fourth part lay emphasis on the pre-placement of arbitration procedure,In the beginning analyzing Ping An Insurance Group's faults in this question.Then provide methods to solve this problem.