| According to the development of political,economic and legal systems in 65 countries(including China)along the "One Belt And One Road",there are big differences among countries.Politically,some countries have long suffered from geopolitical tensions,sharp domestic contradictions and frequent ethnic,racial and religious conflicts.Economically,a few countries belong to the rule design of ODR mechanism of developed economy,while most countries still belong to the economic level of development and underdevelopment.From the perspective of law,there are not only continental law countries,but also Anglo-American law and islamic law countries along the routes.Even among continental law countries,there are large gaps in the legal systems.According to the traditional theory of domestic law,disputes should be settled by litigation,but litigation is based on national sovereignty and is an embodiment of national jurisdiction.In cross-border trade disputes such as "One Belt And One Road",if the disputes are resolved through litigation,all countries will face a large number of international conflicts under the jurisdiction of foreign affairs,international parallel litigation,as well as the identification of foreign parties,evidence review,witness testimony and other issues.Even if the final court decision still has to face the mutual recognition and enforcement of judicial decisions,the service of judicial documents and requests for judicial assistance.Therefore,the traditional mode of domestic litigation to resolve the trade disputes in "One Belt And One Road" still faces the difficulties in entity and procedure at the present stage.At the same time,we also see if,in accordance with the existing dispute settlement mechanism of the internationally accepted MIGA,ICSID and established by the WTO trade dispute processing mechanism to solve the problem of "area" trade disputes,also will be affected by these mechanisms set by controversy in advance to accept the limitations,this to solve the "area" trade disputes also has certain limitation.Among them,the business scope of MIGA is limited to undertaking non-commercial risks and providing promotional and advisory services.ICSID cases usually resolve disputes only between nationals of states parties and those of other states parties.The dispute resolution mainly includes whether states parties have violated the relevant international obligations of nationals of other states parties.The WTO only deals with trade disputes among its members.Therefore,at the present stage,the countries along the "One Belt And One Road" have not established the independent and targeted legal safeguard mechanism specially designed for "One Belt And One Road" in trade disputes,which is bound to become the shortcoming of the implementation of "One Belt And One Road" strategy.In order to overcome the problem of traditional lawsuit shown,in a timely manner in accordance with the law to resolve involving appear constantly in the construction of the "area" of trade disputes,we proposed to build "area" non-litigation settlement mechanism,the application of this mechanism has nothing to do with the existing legal framework,fully respect the countries along in the field of politics,law,culture,religion and other differences,also embodies the participants to choose,in line with the modern economy to the controversial dispute resolution is convenient,efficient,fair and just.The "One Belt And One Road" non-litigation settlement mechanism for trade disputes is also part of the research on the "One Belt And One Road" legal safeguard mechanism.The research on this issue is conducive to promoting the research on the legal safeguard mechanism of "One Belt And One Road" in related fields,which is of great significance for further strengthening regional economic cooperation.The structure of the thesis consists of introduction,text and conclusion.The text is divided into five parts.The first part discusses the development status of non-litigation dispute settlement mechanism in China and abroad under the framework of "One Belt And One Road".They prefer to resolve civil,commercial and investment disputes through non-litigation rather than litigation.The second part introduces and analyzes the non-litigation dispute settlement mechanism in the construction process of "One Belt And One Road" from two perspectives: theoretical value and practical value.In the third part,the types and advantages of "One Belt And One Road" non-litigation dispute settlement mechanism are analyzed.From the perspective of mediation and arbitration,the characteristics and advantages of mediation and arbitration system in non-litigation dispute settlement mechanism constructed by "One Belt And One Road" are introduced in detail.The fourth part analyzes the problems existing in the construction of "One Belt And One Road" dispute settlement mechanism between China and Africa.From the perspective of mediation settlement mechanism and arbitration settlement mechanism in the construction of "One Belt And One Road",the limitations of both in the aspects of execution and coercive force are studied and analyzed.The fifth part,from the perspective of mediation and arbitration,puts forward Suggestions for improvement on the deficiencies and defects in solving the issues of "One Belt And One Road" dispute in the fourth part.This paper puts forward the idea of improving One Belt And One Road non-litigation dispute settlement mechanism from two aspects of mediation and arbitration. |
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