Research On The Investment Dispute Settlement Mechanism Of The Energy Charter Treaty

Energy Charter Treaty is the product of global energy cooperation,which includes energy investment,energy transportation and energy trade.Since taken effect in 1998,it has been a safeguard for global energy cooperation providing intellectual support for global energy market going well.Energy Charter Treaty investment dispute settlement mechanism is used to settle two kinds of investment disputes.One is between investors and contracting countries,the other is between different contracting countries.The dispute mechanism between investors and contracting countries is the most strict all over the world,which stipulates procedure of mandatory arbitration to give investors best protection.Energy Charter Treaty investment dispute settlement mechanism also enriches theory and practice of energy investment dispute settlement.This paper starts from introduction on ECT,including its background,main contents and its organizations.As this paper concentrates on Energy Charter Treaty investment dispute settlement mechanism,the first part narrates what energy and investment are and analyze reasons why energy investment disputes occur.Then I introduce main contents about Energy Charter Treaty investment dispute settlement mechanism from both investors,contracting countries' view and contracting countries' view.At last,centrality,succession,integration and pertinence of ECT investment dispute settlement mechanism is summarized.In the third part I compare investment dispute settlement mechanism in ECT with that in ICSID and WTO.In the forth part,I describe current situation of investment disputes in China.Finally I analyze China's attitude toward ECT investment dispute settlement mechanism.China thinks we should balance protection on investors and national sovereignty,for high standard protection on investors in ECT investment dispute settlement mechanism may damage China's national interests.I think by formulating thorough energy laws and regulations,creating more stable investment environmentand attracting more oversea investors,we can take advantage of the essence of ECT investment dispute settlement mechanism and strengthen energy cooperation with other countries to enhance China's competitive ability in energy investment.Finally I put forward my opinion on whether china should sign ECT and become one of ECT member states.In my opinion,we should be a member state of ECT.Formulating energy laws and regulations,training talents and researching ECT further are necessary preparations to sign Energy Charter Treaty.