The Research On The Rebalance Problem Of The Interests Between The Investors And The Host Countries In International Investment Arbitration

After the second half of 21 st century,investment disputes happened between investors and host tend to appeal to international investment disputes center,according to Convention on the Settlement of Private Investment Disputes Between States and other Countries(briefly called “ICSID Convention”)to solve it,which plays an important role for safeguarding international investment development.However since recent years,the disputes case happened between international investors and hosts,host always undertake giant compensation for judged results,this make host governments cannot afford such heavy compensation,on the one hand,it affects durable and stable development of domestic economy and social.On the other hand,it makes part if host countries lost confidence in international investment,which is not benefit to further development of international investment.Host countries' benefits ignored and involved a series of chain reaction in disputes cases between international investors and host countries,these truth make scholars have to consider international investment reconcile disputes center which primarily for creating a favorable investment environment to investors and whether the lunched ICSID convention need reconsideration to benefits balance again.This consideration should be given more benefits protection to host countries,especially in some substantiality clauses and arbitrary clauses of fair,justice and non-restrictive measure clauses which is the most controversial one.Additionally,china as current investment export and import power,hence it is completely different from the developing country in the primary time of reform and opening up enter into WTO when china attracted massive foreign capitalists invest in china,under the background,based on the role transformation and generated interests consideration,china should be active to participate next round negotiation of international investment protection agreement principle.Currently china facing the negotiation with EU,American and east-middle countries for bilateral trade agreement,before this situation,china's stipulations is opaque in indirect levy tax,fair and justice,the most beneficiary country treatment and non-inhibited measures of investment arbitrary disputes clauses between investors and host countries,details are not consistent which is not benefit to keep enough reasonable expectations for china and many other countries in investment practice.On procedure sets,currently arbitrary appealing mechanism became the main trend,while china attaches great importance to protect domestic investors' interests before this system,public rights should not “invaded” by the mechanism.According to above problems and china's experience and problems in current bilateral and multilateral investment and trade,we should participate to make principles which will be more benefit to our development,especially in significance of interests rebalancing of some substantiality and set of arbitrary appealing procedure of indirect tax levy clauses,the most beneficiary country treatment clauses,the specific operation is stipulate every substantive clauses meaning and adopted range,be consistent to foreign clauses contents,avoid expanded explain,definite host countries has only explain right in domestic common interests.Arbitrary members' combination should be more strict,improve arbitrary openness and definite arbitrary appealing mechanism.