| The provisions of the investment treaty on the jurisdiction of international investment arbitration institutions are to reasonably balance the conflict of interest between investors and the host country.However,in recent years,there is a growing trend of jurisdiction in the International Investment Tribunal.In the arbitration of specific cases,it has become more and more inclined to protect the interests of investors,which once broke the balance of interests between investors and host countries.As far as the status of China's acceptance of international arbitration is concerned,the "limited consent" formula was adopted before 1993,and the "comprehensive consent" was adopted after 1998.After 2005,the "comprehensive consent + important exception" was changed,but the overall It is still based on the "full agreement".From the perspective of protecting overseas investors,the "full agreement" investment agreement has a positive impact on China.From the perspective of the host country,such investment agreements have had a negative impact on our country.Therefore,in the face of the growing trend of the jurisdiction of international investment arbitration institutions,China,in combination with the practice of participating in international investment arbitration and the macro theory of accepting the theory of international investment arbitration,strategic positioning theory,and specific national conditions,should take specific measures Different types of countries conclude different investment treaties for "way of consent" : signing "limited consent" investment treaties with developed countries with perfect domestic legal systems,and signing "comprehensive consent + important exceptions" investment treaties with developing countries with high investment risks At the same time,we must actively explore and improve the relevant domestic legal rules,so as to fundamentally solve the crisis brought about by the evolution of the investor-state dispute mechanism. |
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