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The Construction Of Settlement Mechanism For International Investment Disputes Under The "Belt And Road" Initiative

Posted on:2020-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:J GuiFull Text:PDF
GTID:2416330575460282Subject:International Law
Abstract/Summary:PDF Full Text Request
Since “the Belt and Road” initiative was put forward,its achievements have been remarkable.At the same time,the people of all countries along the line and many countries around the world have benefited from the cooperation.It has also drawn the distance between countries around the world and opened up a new path for win-win cooperation.However,opportunities are bound to be accompanied by risks.Countries along “the Belt and Road” route are characterized by large numbers,uneven levels of economic development,frequent armed rebellions,and high possibility of war.With the increasing frequency of investment activities among the countries along the route,the above characteristics of the countries along the route are also gradually highlighted,and the resulting investment disputes are also increasing,which have a certain impact on the economic development between countries and “the Belt and Road” initiative pattern.Therefore,the settlement of international investment disputes under the background of “the Belt and Road” initiative becomes particularly important.However,the existing international investment dispute settlement mechanism cannot adapt to the development of “the Belt and Road” initiative,which makes it necessary and urgent to construct a new international investment dispute settlement mechanism.At present,China has the advantage of higher legal level,which provides operability for leading the establishment of this mechanism.The research methods of this article are literature investigation and empirical law,and on the basis of consulting a large number of literature,the construction of international investment dispute settlement mechanism under “the Belt and Road” initiative has been systematically studied.In this paper,“the Belt and Road” initiative and the concept and settlement of international investment disputes are summarized,and the existing regional and global investment dispute settlement mechanisms in the international community are thoroughly studied.According to their operation mechanisms,the deficiencies in the settlement of “the Belt and Road” initiative investment disputes are analyzed,and then the necessity and feasibility of constructing a new international investment dispute settlement mechanism conforming to the characteristics of “the Belt and Road” initiative are explained.On this basis,the paper puts forward and explains the concrete idea of China leading the construction of “the Belt and Road” initiative investment dispute settlement center,and makes a comprehensive discussion on perfecting relevant bilateral investment agreements,strengthening the recognition and enforcement of arbitration awards in countries along the route,improving the transparency of domestic mechanisms in relevant countries,and training investment legal talents.
Keywords/Search Tags:The Belt and Road, International investment, The settlement of investment disputes
PDF Full Text Request
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