Font Size: a A A

Research On The Settlement Mechanism Of China's Overseas Energy Investment Disputes Under The Belt And Road Initiative

Posted on:2019-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:L Y WangFull Text:PDF
GTID:2416330548451735Subject:International Law
Abstract/Summary:PDF Full Text Request
With the rapid development of the economy,China's demand for natural gas and other energy is rising,and the problem of energy shortage has been gradually produced.These countries have a lot of undeveloped energy resources under the Belt and Road.The Belt and Road initiative gives China's business a chance to invest energy projects in foreign countries,while energy investment disputes will be inevitably occurred.Energy investment is more sensitive than other investments and is related to national interests and strategic development.Therefore,properly solving energy investment disputes is conductive to safeguarding national interests and further energy cooperation between China and other countries.“The Belt and Road” initiative involves a wide range.The economic development level and the political and legal system is very different among these related countries.The current dispute settlement mechanism does not effectively conductive to cover these related countries and solve the dispute.All of these elements result in these disputes cannot be solved in time,which is not conductive to promote “The Belt and Road” initiative.Therefore,how to effectively use the existing dispute settlement mechanism to protect the interests of energy investor in China's becomes particularly important.This dissertation is composed of an introduction and the main text.The main text mainly includes five parts.The first part is mainly about the implementation of “The Belt and Road” initiative and the settlement mechanism of overseas energy investment dispute,as well as the type and characteristics of overseas energy investment disputes.This part is to pave the way for the next part.The second part is mainly to introduce the settlement mechanism of the overseas energy investment dispute under “The Belt and Road” initiative,including judicial solution,arbitration solution and alternative dispute resolutionThe third part introduces some problems about these mechanisms.For example,ICSID still falls short,ECT can not be effectively applied to The Belt and Road and so on.The fourth part is through the analysis of the four parts,and the bilateral investment treaty between China and other countries,whether or not to join the “Energy Charter Treaty” and the investor-state arbitration mechanism,we can provide some useful suggestion for improving investor-state dispute settlement mechanism.Generally speaking,through the above contents,this paper wishes to provide specific guidance for Chinese enterprises to solve disputes after energy investment disputes and provide some suggestion for our country to improve investor-state dispute settlement mechanism.
Keywords/Search Tags:The Belt and Road, Energy investment dispute, Investor-state dispute settlement
PDF Full Text Request
Related items