On The Notification Of China's Accession To The ICSID Convention

The deepening of globalization has accelerated the process of foreign investment by investors,and the number of disputes arising from investment behavior between investors and host countries has changed greatly.In order to better solve this problem,1965 "ICSID Convention" came into being.China initially took a completely negative attitude towards it until in 1993 formally became a member of the ICSID Convention.In a conservative manner,China accedes to the ICSID Convention in accordance with Article 25(4)of the Convention: The Chinese Government only considers the submission of compensation disputes arising from expropriation and nationalization to the Center.The original intention of the Chinese Government to notify ICSID of its jurisdiction over China has not changed since the notification was made.In the ICSID arbitration mechanism,in addition to the subject of the dispute,the object of the eligible,the parties to the dispute "consent" is "central" jurisdiction is an indispensable condition.The ICSID Convention itself does not specify the effect of a notification by a State party under Art 25(4),and it determines whether the consent of the parties to the jurisdiction is established.As far as the law of treaties is concerned,there is a substantial difference between the notices and reservations made by China and interpretative declarations.The report of the ICSID Executive Board indicates that the notification by the State Party can inform the Party of the types of disputes that the host State is willing or unwilling to submit to the Center,which is an expression of the State party's intention.From the ICSID-ruled case,it was generally felt that the notification did not constitute acceptance or rejection of the ICSID jurisdiction and could not prevent the applicant from submitting the case to the ICSID.The consent of the "center" jurisdiction was separate from the accession to the ICSID Convention Of the two aspects.China can not just rely on the ICSID Convention in accordance with Art25(4)of the notice to restrict the ICSID jurisdiction to China,but also need to take effective ways to improve the ICSID investment treaty provisions related to jurisdiction.