Research On Legal Issues Of Qualified Investors In The Context Of ICSID Jurisdiction

With the steady advancement of the construction of the Belt and Road in China,overseas investment along the Belt and Road in China has become increasingly frequent.In this context,as an important channel for international investment rights protection,the role of ICSID is also becoming increasingly prominent.One of the main grounds for its jurisdiction is the identification of eligible investors.Article 25 of the Washington Convention explains the meaning of investors,but with the continuous development of international investment,the form of investors is constantly changing.It is impossible to determine whether investors meet the eligibility criteria according to the Washington Convention.At present,there is no specific treaty in the world that stipulates the scope of eligible investors.In the practice of arbitration,whether the investor is qualified or not,the arbitral tribunal often has discretion,which inevitably leads to the expansion of ICSID jurisdiction.In order to analyze the definition of ICSID arbitral tribunal and better protect the legitimate rights and interests of overseas investors in China,this paper attempts to analyze the status quo of ICSID arbitral tribunal's expansion of jurisdiction cases in the case of Masdar v.Spain,and deeply analyze ICSID for investment.Qualitative propositions explore the problems existing in practice,and in combination with the reality of China's BIT signing,propose different institutional reforms for Chinese enterprises and governments,carefully select investment environment and scientific classification of state-owned enterprises,and hope to be investors in China.In the future practice,it will provide a legal basis for the dispute of investor identification.