Study On Investor-State Dispute Settlement

Investor-State Dispute Settlement(ISDS)has become an integral part of contemporary investment agreements,which reflects the international development of investment dispute resolution.ISDS has indeed played a good role in promoting the protection and liberalization of investment,but it also has its own institutional and technical defects.It has caused widespread concern among countries in the reform of the ISDS mechanism.Therefore,on the basis of reading a large number of domestic and foreign documents,jurisprudence,and arbitral awards,the author integrated various aspects of the data and conducted detailed and in-depth research and discussion on ISDS,as follows:The first chapter gives an overview of ISDS.It briefly introduces the meaning,evolution and basic patterns of Investor-State Dispute Settlement,and summarizes the current international community's voice in the reform of the ISDS mechanism.The second chapter summarizes the theoretical flaws and procedural deficiencies of Investor-State Dispute Settlement,and analyzes in detail the three issues of private abuse litigation and the lack of impartiality and transparency of the arbitration tribunal..The third chapter analyzes the existing theoretical defects and procedural deficiencies of the current ISDS,and puts forward personal suggestions for perfection in private abuse litigation,lack of fairness and transparency of arbitration tribunals,and exploration of appeal mechanisms.The EU,as a radical in the reform of ISDS,has made the greatest degree of reform measures and basically abolished the ISDS mechanism.Therefore,Chapter 4 of the article proposes an abolitionist reform,that is,the exhaustion of the principle of local remedies and the establishment of an international investment court..The last chapter is the enlightenment of our country about ISDS.After analyzing the ISDS mechanism in many investment treaties,the most important thing is to provide direction for the reform of China's future ISDS mechanism and provide assistance for future treaty negotiations.In this chapter,the author summarizes the current status of ISDS in various investment treaties in China,and puts forward my own suggestions for improvement.