A Study On International Investment Dispute Settlement Mechanism Under The Belt And Road

With the increasing development of the global economy,cross-regional cooperation become more frequent.The international investment has played an important part of global economic mobility.In recent years,with the growth of international investment,the number of international investment disputes is increasing year by year,therefore,properly solving these complicated disputes is the key to further promotion of the global economic development."The Belt and Road" strategy is based on the premise of China's changes in the international economic situation and domestic productivity growth,and the proposal,which as a global economic development strategy is valuable to benefit many countries.So far,with the steady progress of the "The Belt and Road" strategy,countries along the route have become more often in economic exchanges,not only in frequency and in depth,but also in the field of investment.However,as the field of investment becomes active,the number of disputes are also increasing."The Belt and Road" involves many countries which has the varying degrees of economic development.So there are great differences in political,cultural background and legal system.Therefore,the investment disputes can not be eliminated in time,which will not only dampen the enthusiasm of investors,but also hinder the steady progress of The Belt and Road strategy.How to establish a legal settlement mechanism that can effectively resolve international investment disputes has become the focus on the key point for all countries along the route.This paper is aimed at this point,with collecting some relevant data and consulting a large amount of relevant literature,to compare and analyse the existing and the most typical dispute settlement mechanisms,in order to make contribution to the settlement mechanism of international investment dispute under the background of One Belt and One Road.The author compared and analyzed The investment dispute settlement mechanism of ICSID,WTO dispute settlement mechanism and the dispute settlement mechanism of North American Free Trade area(NAFTA),which are relatively perfect and well implemented in the form of international organizations and regional trade agreements.Based on the basic national conditions of the countries along the route of "The Belt and Road" and the current international judicial environment,Some suggestions on the investment dispute settlement mechanism of "The Belt and Road" are put forward from the aspects of constructing the path and the concrete institutional arrangement.Moreover,in the view of how our country should do on the legal docking with the investment dispute settlement mechanism of "The Belt and Road" in a good way,The author put forward some suggestions in the aspects of improving investment legislation,establishing ad hoc arbitration,unifying mediation rules and strengthening the training of legal personnel.The innovation of this paper is to design the system of international investment dispute settlement under the background of "The Belt and Road".While fully learning from other dispute settlement mechanisms and based on the special conditions of the countries along the route of "One Belt and One Road",the author will present a reasonable and effective solution and the paper will attempt to provide some suggestions for the steady development of One Belt and One Road strategy.