Research On Definition Of Foreign Investors By The Expansion Of ICSID Jurisdiction

The International Centre for Settlement of Investment Dispute(hereinafter referred to as “ICSID” or “Centre”)which balance the rights and obligations of private investors and host countries in international investment has an important impact on China's overseas investment policy.With “One Belt One Road” and “Regional Comprehensive Economic Partnership”,most China's target countries are from the third world,if not rely on ICSID as a protective measure,China's private investors in these countries will face a high risk.In accordance with article 25 of the Washington Convention(hereinafter referred to as “the Convention”),the basis for ICSID jurisdiction is established on three prerequisites,(1)a Contracting State(or any constituent subdivision or agency of a Contracting State designated to the Centre by that State)and a national of another Contracting State;(2)any legal dispute arising directly out of an investment;and(3)the parties to the dispute consent in writing to submit to the Centre.However,ICSID in recent years of arbitration practice due to internal and external factors,gradually breaks through the provisions of the Convention,and showing a trend of expansion of jurisdiction.This dissertation is based on the definition of foreign investors with ICSID cases to discuss the expansion of ICSID jurisdiction and give the countermeasures to solve this problem.Firstly,this dissertation demonstrates the internal reason for the expansion of ICSID jurisdiction through the interpretation of Article 25 of the Washington Convention.The internal reasons are the unclear provisions of the convention itself on some important factors which gives rights of discretion to the tribunal and ICSID also is lack of a permanent institution to explain the cases.ICSID has taken the opportunity to obtain jurisdiction over the case as much as possible through the “blank space” of the Convention's legislation.At the same time,the nationality of investors has become extremely complex in the current trend of global economic integration,which is likely to involve 50 countries or regions,creating an external condition for the expansion of ICSID jurisdiction.Secondly,this dissertation analyzes the expansion of ICSID jurisdiction in practice from the two aspects of natural persons and legal persons.On the definition of natural persons,ICSID selects the nationality to obtain jurisdiction.On the definition of legal persons,this dissertation summarizes the cases ruled by ICSID in recent years,and analyzes the various factors to show the way of expansion of ICSID jurisdiction.Finally,the third part of this article focus on the domestic perspective,explaining China's attitude changing towards ICSID,from the “limited consent” to “comprehensive acceptance”.And analyzes the pros and cons to demonstrate the impact on China.In view of the expansion of ICSID jurisdiction,this dissertation gives several suggestions for China to adapt the situation.