Study On Investment Dispute Settlement Mechanism Of The "One Belt One Road" Initiative

With the development of the global economy,the economic dealings between countries are becoming more and more frequent,and international investment has become an important part in the global economy.At the same time,the investment disputes triggered by it are more than before,in order to promote the development of the global economy,we must resolve these disputes properly.The “One Belt One Road” Initiative has injected new impetus into the prosperity of the global economy,the Bilateral Investment Treaty and Regional Trade Agreement are important tools to promote the development of it,A comprehensive investment dispute settlement mechanism is inseparable from the implementation of BITs and RTAs,and it is also the main point to advancing the “One Belt One Road” Initiative.The investment dispute settlement mechanism both in the BITs and RTAs are not compatible with the strategy of "the Belt and Road Initiative."With the development of the “One Belt One Road” Initiative,there are more countries participate in it.The existing dispute settlement mechanism can not meet the development of the "Belt and Road” Initiative even more.Other successful regional economic cooperation organizations in the world,such as the North American Free Trade Area,can not provide a perfect match for the "Belt and Road" Initiative,but they can provide precious experience for the improvement of the investment dispute settlement mechanism in the "Belt and Road" area.The purpose of this paper is to explore the ways to improve the investment dispute settlement mechanism under the "Belt and Road" Initiative.Prepare to draft an investment dispute settlement mechanisms that can be applied to all countries along the Belt and Road region.The first part mainly explores the "Belt and Road" Initiative and investment dispute settlement mechanism.The "Belt and Road" Initiative is a new form of regional economic cooperation.Under the Belt and Road Initiative,there is no investment dispute settlement mechanisms that can be applied to the entire area.The "Belt and Road Initiative" member countries are mainly use the investment dispute settlement mechanisms in BITs and RTAs to resolve investment disputes.However,these mechanisms can not be perfectly aligned with the "Belt and Road” Initiative,so we must improve it.The second part mainly analyzes the major investment dispute settlement mechanisms in the "Belt and Road" region.The existing mechanism has some shortcomings.It can not fully meet the actual needs of deepening the "Belt and Road” Initiative.and is not conducive to the development of investment facilitation and liberalization.This part analyzes the status quo of investment dispute settlement mechanism in BITs and RTAs,and sums up their deficiencies.so as to pave the way for the perfection of the mechanism for settling investment disputes in the region.The third part is mainly about the typical international regional investment dispute settlement mechanism,including the North American Free Trade Agreement,the Trans-Pacific Partnership Agreement and the Energy Charter Treaty.Analyze the provisions of the resolution on investment disputes and find out its strengths and weaknesses.The investment dispute settlement mechanisms in these treaties can not be applied to the "One Belt and Roads" Initiative,However,its useful experience can be used for reference,it plays an important role in improving the dispute settlement mechanism in the region.The fourth part starts with the basic idea of consummating the investment dispute settlement mechanism in the region.Clarify the improvement of the mechanism should be a gradual process,Investment dispute settlement system should be flexible and diverse,flexible mechanism combined with rigid procedures,While safeguarding the sovereignty of the host country,we must also safeguard the legitimate rights and interests of investors.Then explore the perfect measures,From the scope of application,the rules of mediation,the exhaustion of local remedies,the permanent arbitration institution and the signing of bilateral multilateral agreements with other countries along the region.