Research On The Rules Of Cohesion Between The New And The Old International Investment Treaties

In the context of the reform of the international investment treaty regime,the legal issues involved in the cohesion between the new generation and the old generation of international investment treaties are related to the process of reform.These legal issues are mainly embodied in the transitional clause,the survival clause and the most-favoured-nation treatment clause in the international investment treaty.The current research on this reform,however,mainly focuses on the substantive clauses and procedural mechanisms of treaties,but does not pay much attention to the clauses dealing with the cohesive relationship between the new and the old international investment treaties.Therefore,it is significantly necessary to study the rules of cohesion between the new and the old international investment treaties by the analysis route of basing on the legal theory and combining the legislative text and the arbitration practice.This article is divided into six chapters:The first chapter is the introduction.This chapter briefly summarizes the research status of the international investment treaty regime reform and three specific provisions at home and abroad,and defines the scope of research discussed in this paper.The second chapter is the origin,current situation and problems of the new and old international investment treaties.In this chapter,the present situation of co-existence and turnover of the new and old international investment treaties is reviewed,the fragmented structure of the new and old international investment treaties is summarized,the development of the new stage of the new generation of international investment treaties is concerned,and the problems of the connection rules discussed in this paper are put forward,that is,the transitional rules,the existence rules and the most-favored-nation treatment rules.The third chapter is the research on the transitional clause of international investment treaties.This chapter takes the principle of inter-temporal law in domestic law and:international law as the basic theory,combines the legislative practice and arbitration practice of transitional clauses to analyze the transitional clauses of international investment treaties,and draws a conclusion on the design of the corresponding rules.The fourth chapter is the study of the survival clause of international investment treaties.This chapter combs the theoretical basis of the survival clause,and analyzes the survival problems arising from the unilateral termination and mutual termination of the international investment treaty from the angle of the arbitration practice,and studies the four different components of the survival rule from the perspective of the text research.So that the rule design and the Chinese countermeasures are put forward.The fifth chapter is the research on the most-favoured-nation treatment clause of international investment treaties.This chapter first expounds the theoretical basis of the most-favoured-nation treatment clause,then outlines the reasons why it faces new challenges,discusses the relevant arbitration practice,and then analyzes the advanced legislative texts in state practice,and finally designs the rules.The sixth chapter is the conclusion.This chapter summarizes the paper and emphasizes the role of transitional clause,survival clause and most-favoured-nation treatment clause in the systemic reform of international investment treaties.