The Construction Of Investment Court In The History Of Investor-State Dispute Settlement Reform And Inspiration To China

ISDS mechanism is increasingly exposing inherent flaws with the expansion of international investment and the rapid growth of disputes,which is not conducive to the effective resolution of the disputes and the healthy development of international investment.Therefore,the reform of the ISDS mechanism has gradually become the consensus of the international community.ICS is the latest fruit in ISDS reform promoted by the EU,and this thesis puts it under historical perspective and conducts research.It systematically reviews the reform process of ISDS mechanism and analyzes the trends and characteristics of ISDS reform in terms of field,content,strength and so on.Then this thesis tries to sum up the driving mechanism of ISDS reform,including the external driving mechanism and internal driving mechanism.The factors of above two levels interact and promote each other,jointly forming a comprehensive and complex dynamic driving mechanism,which promotes the development and evolution of ISDS.Finally,this thesis focuses on the practice of China,including treaty practice,arbitration practice,and China' s reform exploration of ISDS mechanism.Based on the analysis of the reform history and driving mechanism and the review of China' s practice,this thesis then expounds the factors that need to be taken into consideration in future reform,and points out that China should adopt a mode of mild and gradual reform,taking bilateral and regional as its focus at present and gradually moving to multilateral when the time comes.The next step of reform is crucial.China should actively promote domestic,bilateral,regional and multilateral practice following the general route of checking problems——formulating reform strategy and action plan——taking actions——adjusting timely.By doing this,we can gradually track out a reform model with Chinese characteristics and Chinese wisdom,then promote it to the international community step by step,so as to enhance China' s discourse power and improve the system of international rule of law.