A Study On Interpretation Issues Of The Bilateral Investment Treaty

This dissertation includes three parts:preface,text and conclusions.In the preface,about this topic of interpretation issues of the bilateral investment treaty,the author concentrates on analyzing the background and reasons,showing clearly the theory and practice value and pointing out the research innovation and methods of this article.Actually,there are four chapters of this thesis.The first chapter focuses on the basic theory.It introduces the concept,classifications of bilateral investment treaties and the concept,subjects and rule of the treaty interpretation.After that,the author extracts the main matter of bilateral investment treaties.In the second chapter,by investigating the current situation of the bilateral investment treaties,the author summarize two key problems about interpreting bilateral investment treaties.On the one hand,there is a phenomenon that the interpretation by the contracting states is declining,but the interpretation by the arbitral tribunals is rising.On the other hand,there are some problems about their interpretative actions when the contracting states and arbitral tribunals interpret treaties.In order to solve these Problems,it's necessary to find out the causes that bring out them.So in chapter three,the author indicates three reasons from different aspects.From the theory aspect,the author points out that the primary cause of the interpretative problems of bilateral investment treaties lies in the subjects of the treaties interpretation can't consider roundly all subjects' interests which is relates with bilateral investment treaties.From the angle of the rule,the problems of the rulesitself is the immediate cause that lead to the problems of the treaties interpretation.And because of the struggle and compromise among the contracting states and the pattern of commercialization of the investment arbitral and so on,the problems of the treaties interpretation is producing constantly.In chapter four,the author points out three strategy to solve these problems.First of all,it's important to introduce the theory of balance.By emphasizing this theory,it can guide,restrict and regulate the interpretative actions of the interpretative subjects.Secondly,we should perfect these laws which refers to the treaties interpretation,it includes of the bilateral investment treaties,the rule of the treaties interpretation and so on.Lastly,there are two ways to solve these problems in practice.Including perfecting the model of the bilateral investment treaty and reforming the regime of the international investment arbitral.