Study Development Changes And Impacts Of ISDS In NAFTA

North American Free Trade Agreement(NAFTA)was established by the United States,Canada and Mexico and its entered force in the year of 1994.So far,its highly innovative ISDS has been implementing for Twenty-three year.It has a great reference to other international organizations and Countries,but now it is facing the danger and may be replaced or revoked.The main reason is that the mechanism is hard to adapt the changes to the new international situation,especially the shortcomings and problems arising from the operation,forcing the three Countries take it into account when starting the NAFTA renegotiation in2017.What changes will be happen to the existing ISDS and where will it go? This paper gives a detailed review of the development and changes of the existing ISDS in NAFTA.First of all,based on the research of domestic and foreign scholars on the ISDS in NAFTA,taking the basic status of the mechanism as the research background,then analyze and compare the development and changes of the mechanism in the actual operation.And analyze the reasons for the three Countries to renegotiate NAFTA.Then analyze the contents of the objectives of the negotiations and predict the outcome of the negotiations.Finally,it analyzes the impact of resumption of ISDS negotiations in NAFTA.The main body of this paper includes the introduction,body,conclusion,and its body is divided into four chapters.The first chapter including the background,content and characteristics of the ISDS.The second chapter analyzes the development of ISDS mechanism in NAFTA.This part is mainly based on the time of 2017 NAFTA restart negotiations.In this part,firstly,analyzes the development of the ISDS mechanism before2017,especially,the comparatively prominent,transparency issues and the extent of third parties participate in arbitration.The analyze the changes and developmental of ISDS after its renegotiate in NAFTA.Firstly,the United States,Canada and Mexico are dissatisfied with the current status and the problems caused by the ISDS of NAFTA.Then it analyzes the attitude of the United States,Canada and Mexico to the economic globalization.In particular,the U.S.Trump administration and its policy advisers think that the "failure" of the United States is dominated by economic globalization and the situation needs to be changed through the reform of the current agreements.Secondly,it analyzes the core contents of the negotiation goals announced by the United States,Canada,Mexico and compares the contents of theISDS which involved in the negotiations.Finally,it analyzes the process of NAFTA re-negotiations when writing this thesis and organize the contents and progress of it.The third chapter is forecast of the negotiation outcome and provide some comments with the development and changes of ISDS in NAFTA.Since the United States is the initiator of this NAFTA negotiation and is in the leading position in this negotiation,it has analyzed the possible outcome of this negotiation from the perspective of the United States.With regard to the analysis of the development of ISDS in NAFTA,first of all,the paper mainly analyzes that the development of ISDS in NAFTA conforms to the international reforming trend of ISDS.Second,it analyzes that the development of ISDS in NAFTA may have a certain impact on the global direct investment.The fourth chapter analyzes the impact of the renegotiation of ISDS in NAFTA,including the impact on BIT negotiations between China and the United States,the future trade relations between China and Canada,the future trade relations between China and Mexico.The last chapter is the conclusion,mainly summarizing the full text.