The Development And Change Of ISDS Mechanism In International Investment Law And China's Response

With the increasing number of bilateral or multilateral trade agreements in the international community,increasing international investment activities have led to increased trade frictions and conflicts,international investment disputes have occurred.In traditional international law,the way to resolve international investment disputes is to rise to the level between the state and the state to resolve.However,with the development of globalization,the status of transnational corporations,the traditional dispute settlement mechanism is not enough to face the increasingly complex investment disputes,but also for the interests of investors need to be considered,ISDS(Investor-State Dispute Settlement),investors-the national dispute settlement mechanism,came into being.As the ISDS mechanism to make up for the traditional international investment dispute settlement mechanism to prot ECT the interests of investors,to attract foreign investment,ISDS mechanism in the international economic agreement was a large number of introduction.ISDS mechanism is undeniable,but this mechanism is also inevitably flawed,because the ISDS mechanism to give investors the right to dir ECT litigation countries,coupled with its emphasis on the interests of investors,ISDS mechanism of the impact of sovereign countries,The public interest of sovereign states is threatened.In this context,the ISDS mechanism has a tendency to enthusiasm fading-more and more controversies over the ISDS mechanism,one of the typical is the different members of the EU within the ISDS mechanism of the dispute,and even more many countries have abandoned ISDS n international economic agreements.Because of a series of judicial practice cases,The enthusiasm reduction of ISDS under International law come up.Although in the esch case there are different legal issues,but in the process of influencing the development of the ISDS mechanism,we can find there is some common legal issues in theses cases.From these legal issues,can we find the cause of enthusiasm fading of ISDS ? Do scholars have any controversy over these legal issues?This paper attempts to summarize the main reasons for the ISDS mechanism dispute,especially the ups and downs of the upsurge in the international law,by analyzing the common legal issues of ISDS disputes in judicial practice.Combining with the theoretical analysis,this paper analyzes the development trend of ISDS mechanism,and analyzes the main measures taken in this trend and also analyzes the value of the ISDS mechanism,and finally,under China's actual situation,the paper give some simple idea to China.This paper is divided into four parts,the text part is divided into:The first chapter is an overview of ISDS mechanism,including the meaning of ISDS mechanism and the development and change of ISDS.This section analyzes the concept of ISDS mechanism,the difference between traditional commercial ar BITration,and development of ISDS.At the same time,analyzes description of the performance and the background of the development and change of ISDS.In the second chapter,we base on some cases,which come from ICSID,the main platform of ISDS.By analyzes the commpm legal issues of these cases,we can find the reason of the development and change of ISDS.In the third chapter is about the theoretical point,we introduces the controversy of ISDS in theoretical,analyzes the trend of the ISDS mechanism by analyzing the scholar's view.The fourth chapter discusses some of the main measures,which be taken to deal with the trend of the development and change of ISDS and analyzes the influence of these reform.And then points out that the value of the ISDS mechanism can not be denied.