Study On The Innovation Of EU Investment Court System

With the rapid development of international investment and the increase of investor-state investment disputes,Investors-State Dispute Settlement(ISDS)has exposed many problems and aroused the widespread concern of the international community.In late 2015,the EU released a proposal for Investment Protection and Resolution of Investment Disputes with the United States to negotiate the "Partnership Agreement for the Atlantic Trade and Investment".Later,EU and Canada revised the investment chapter "Comprehensive Economic and Trade Agreement" signed a few years ago.and signed an investment chapter with Vietnam entitled "EU and Vietnam Freedom(EU-Vietnam Free Trade Agreement,EUVFTA),both of which proposed an investment court system to replace the existing ISDS mechanism,which proposed a court system with Appeal mechanism.At the same time,the EU investment court system also put forward many innovative systems to make up for the existing arbitration mechanism.Given the EU investment court's innovative systems can effectively improve the deficiencies existing of the ISDS mechanism.Therefore,it is of great significance to study the innovation of the EU investment court system.First of all,it gives an overview of the EU investment court system.It shows the background and reasons for the proposed investment court system in the EU,by analyzing the theoretical flaws and procedural flaws in the traditional ISDS mechanism.And briefly introduces the main contents of the EU investment court system.Secondly,it introduces and analyzes the procedural system innovation and entity system innovation proposed by the EU Investment Court System.These innovative systems largely solve the problems existing in the traditional ISDS mechanism,such as balancing the rights of investors and State,ensuring the independence of judges,protecting the consistency of the rulings and avoiding the risks posed by third-party funding.Thirdly,it is to look into the future development of the EU investment court system.Specify how the system should be improved in the future,and analyze the future development trend of the investment court system concludes that it is feasible to promote and develop the system.However,the process of multilateralization will be difficult.Finally,it will analyze China's attitude toward this system during BIT negotiations with the EU and conclude that our country should participate in the construction of the international investment dispute settlement mechanism so as to gain greater discourse leadership in this field.At the same time,it will also explore the issues that China should pay attention to during the negotiations.Clarify the terms of the right to regulate so as to protect the economic and public interests of states with a lot of foreign investment;flexibly stipulate host country relief,which will give different treatment to different situations so as to protect the national sovereignty of developing countries.;appropriately accept the rules of transparency to suit the conditions of our country lacking ancillary systems.