Research On Investment Arbitration Mechanism In Energy Charter Treaty

In the modern society,ranging from the sovereign states to the individual,nothing can independently run well out of the supply of energy.It seems more significant nowadays,since energy resources closely link the world together.However,it is inevitable to meet disputes among states towards energy.The emergence of Energy Charter Treaty,also called ECT,is to settle the disputes from the utilization of energy,and set the model to group the mechanisms based on investor-host state and investor-home state into two,which provides an effective problem-solving platform for energy disputes.Until the early 2019,the cases received by arbitrations is up to 121,and since 2013,the average cases received by the arbitration has been keeping above 10,which shows the credit of the arbitration is strengthened.However large as we input and consume energy,China still acts as an observation state of ECT.Studying the dispute settlement mechanism of ECT will have important significance and inspiration to the settlement of energy disputes and maintenance of energy security in China.This dissertation is mainly about the arbitration respecting invest-host states,which consists of four parts:in the first part,the author will briefly state the emergence,development and the character of ECT;in the second part,the author focuses on the procedural clauses,like the definitions of "invest" and "investment" in jurisdiction,the admissibility of time in provisional admissibility mechanism,and the delimitation among clauses,the procedural complications triggered by state immunity from unconditional consent principle,and analyzes the with the aid of case law;in the third part,the author mainly discusses the substantive provisions towards investment arbitration mechanism,such as the;"investors" definition of "benefit refusal clause",the locus standi from the application of absolute and relative treatment,the recognition of indirect appropriation and compensation standards,with the help of cases analysis;In the fourth part,the author comprehensively concludes the status quo of energy investment in Chin,the pros andcons of joining the ECT,then,respectively offers the suggestions.