Research On EU Investment Court System

With the increase in the number of international investment treaties and the number of international investment arbitrations,the international investment arbitration system has solved the economic disputes through legal means,and has played an active role in preventing the related disputes from evolving into political conflicts and armed conflicts between the parties to the dispute.effect.However,a series of problems have arisen in the course of practice.For example,the inconsistency of international investment arbitral awards,the arbitral procedure damages the sovereignty of the host country,and the disregard of the public interest frequently occur.The certainty,stability and continuity of the investment treaty are damaged to varying degrees.The international community has triggered a series of reforms.The reforms focus on how to improve the fairness of investment dispute resolution and how to balance the interests of investors and host countries without compromising the regulatory power of the host country.Among them,the United States chose to establish an appeal mechanism,and the European Commission called for reform.In the end,in order to better compete for the dominant and discourse power of investment dispute resolution rules,the European Commission chose to establish a permanent Investment Court System(ICS).The system design of ICS has responded positively to the problems faced by the investor-host dispute settlement mechanism(ISDS).In the design of the system content,ICS sets the two-trial final review mode,clarifying the scope of jurisdiction,transparency,and judge qualification.In the selection process,the regulations on the regulatory power of the host country are more detailed.For the EU's investment dispute reform initiative,China should respond positively and positively,study and study the system,compare the differences between the EU investment court system and the existing investment dispute settlement mechanism,and analyze the advantages of the system and the current stage of the system.Related challenges.On the basis of understanding the content of the system and its advantages,China should actively respond to the preparations for the China-Europe BIT negotiations and the “Belt and Road Initiative” to find a suitable investment dispute resolution path.Based on this,the author starts from the background of ISDS,analyzes its causes and existing problems,and then leads to the real domestic demand of the EU's urgent need for ICS.Second,the content of the ICS system is specifically introduced.Then,compare and analyze ICS with the original dispute method ICSID and the US appeal mechanism,and evaluate the advantages of the EU ICS system and the challenges faced by the system at this stage,thus serving China's BIT negotiations in Central Europe and the Chinese side of the “Belt and Road” The theoretical basis for reference can be drawn from the choice of investment dispute path.