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ECT Investment Dispute Resolution Theory And Practice Research

Posted on:2018-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y LiFull Text:PDF
GTID:2356330518492151Subject:International Law
Abstract/Summary:PDF Full Text Request
Energy is essential to every country's national economy, and it is no strange that regulation of energy is stricter and policy change more frequently comared with other fields. Therefore, the number of disputes between foreign investors and host countries has been high all the time. Energy Charter Treaty (ECT) is the first legally binding multilateral investment protection agreement in energy section, and the most important mechanism is its dispute settlement mechanism. Compared to the traditional diplomatic protection, this mechanism is not limited by some factors such as "exhaustion of local remedies" and "nationality",so that investors can directly resort to the legal framework to resolve the dispute. Besides, ECT does not restrict the tribunals in which the disputes will be settled, but to give investors a certain right to resort to ICSID arbitration mechanism, SCC arbitration mechanism, or UNCITRAL arbitration mechanism. Since the first case was brought according to ECT in 2001, the case number reached 101. The increasing case number indicated that the mechanism is highly recommended and was adopted by all kinds of disputes.On the basis of introduction and analysis of the historical background and the recent development of ECT, this paper analyzes the recent typical cases of arbitration and divides these cases into substantive disputes and procedural disputes, and summarizes and analyses the judgment of these cases. On this basis, the paper also introduces the current situation of Chinese energy investment and forecasts the expectation of joining in ECT. There are four parts to the thesis.The first part introduces the establishment and development of ECT, mainly focusing on the characteristics of dispute settlement mechanism. The second part analyses the procedural issues of energy dispute settlement,including the definition of"investment" and "investor" and the scope of the jurisdiction of energy dispute and the introduction of the Provisional Application Terms of the ECT. The third part analyzes the substantive issues of dispute settlement mechanism, such as the treatments provided by ECT, mainly focusing on fair and equitable treatment and indirect expropriation. The fourth part is the analysis of the challenges that China will face if China joins ECT and the suggestions of countermeasures.
Keywords/Search Tags:Energy Charter Treaty, Dispute settlement mechanism, Investment Arbitration, Fair and equitable treatment, Indirect expropriation
PDF Full Text Request
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