Research On The Legal Issues Of The Belt And Road Investment Dispute Settlement Center Establishment

Nowadays,the world structure is profoundly changing.The developing countries,which represented by China,play more important roles and have more powerful voices in the international community.Chinese President Xi Jinping proposed the Belt and Road Initiatives,which is open and inclusive,peaceful and cooperation,mutual benefit and win-win has been highly valued and widely approved in the international community.The infrastructure,investment and trade of the B&R countries are important parts of the Belt and Road Initiatives.Along with the implementation of the Belt and Road initiatives,there must be a lot of international investment disputes between the B&R countries.the disputes in the context of the new era,is bound to cause the international community to solve the disputes of fair and reasonable put forward higher and more stringent requirements.These increasing disputes,in the new era background,are bound to cause the international community to put forward higher and stricter demands for the fairness and rationality of dispute settlement.The existing international investment dispute settlement mechanism,especially the ICSID,has undergone a series of reforms,but because of its own defects,they cannot meet the needs of the international community for the settlement of investment disputes under the new era.In order to comply with the development of modern international society and promote the Belt and Road Initiatives of long-term,stable and sustainable development,the chief justice Zhou Qiang,Supreme Court President advanced the establishment of the Belt and Road investment dispute settlement mechanism.Many domestic scholars also suggested the B&R countries should set up a new investment dispute settlement mechanism.The new center could interpret? The Belt and Road agreement,and allow enterprises and individuals,not only the governments,could accuse the government which might breach.This dissertation discusses the legal issues related to the establishment of the Belt and Road investment dispute settlement center from three aspects.First,the discussing start from the reasons of establishment the Belt and Road investment dispute settlement center,through the international investment dispute resolution center reference,finally proposed the path of setting up the Belt and Road investment dispute settlement center.In order to discuss the establishment of the Belt and Road investment dispute settlement center,we need to first determine the status of the B&R countries' investment disputes settlement.Then clear the purpose of establishment of the Belt and Road investment dispute settlement center.And,to clear the necessity and feasibility of establishment of the Belt and Road investment dispute settlement center.There have been a number of similar investment dispute settlement centers,and many countries and regions have submitted investment disputes to the international arbitration agency,the newly established investment court of the EU.To establish of the Belt and Road investment dispute settlement center,we need to learn from the successful experience,take the essence and discard the dross.The last but not the least,we provide for the path of establishing the Belt and Road investment dispute settlement center from the legal basis for the settlement of investment disputes,the principles which the center should follow,arrangement of the inside structure.