Diplomatic Protection In International Investment Disputes

In recent years,as a way of solving international investment disputes,diplomatic protection has been paid much more attention with the deepening of the concept of national sovereignty and the strengthening of humanistic trend.However,the prerequisite of diplomatic protection-principle of continuous nationality has many uncertainties whether in international angle or in domestic angle,for example the criteria of determining nationality and the duration of nationality,but diplomatic protection is playing a so important role in international investment disputes that cannot be replaced.Thus,based on the current situation of China's overseas investment and the legislation of China's diplomatic protection,drawing lessons from the cases of international diplomatic protection and relevant provisions,it has great significance to study the nut in diplomatic protection so that we can give better guarantee to overseas investors.Firstly,this paper introduces some basic theories about diplomatic protection,especially the nature of diplomatic protection and expounds the role and significance of diplomatic protection in international investment by the way of contrasting different opinions of scholars at home and abroad as well as my own opinion.Secondly,by referring to the content of“Draft Articles on Diplomatic Protection” and the cases and provisions of international investment,this part analyses the prerequisite of diplomatic protection and the state of nationality of a corporation,as well as theopinions of scholars.Lastly,this part gives some constructive suggestions based on our current situations by learning from international investment experiences.