Belt And Road International Investment Dispute Prevention Mechanism

As the Belt and Road of international trade and investment have boomed,so have investor-state disputes,China and the countries along Belt and Road have come to realize that the Belt and Road International Investment Dispute Settlement Mechanism,on which China has long relied,poses a serious challenge to state control.The legitimacy of the Belt and Road International Investment Dispute Settlement Mechanism,led by international arbitration,is in crisis,there are some problems in international arbitration,such as imbalance of protection of rights and interests,lack of mechanism of appeal and correction of award,expansion of power of arbitral tribunal,low transparency of arbitral procedure,lack of neutrality and impartiality of arbitrators,low efficiency,high cost and abuse of procedure,etc.,has caused a lot of controversy.As a result,countries have begun to re-examine the Belt and Road international investment dispute settlement mechanism to reshape Belt and Road between foreign investors and host governments.The best time to deal with Belt and Road international investment disputes between investors and states is before investment disputes escalate into disputes under HAS,therefore,it is the best plan for the country to implement an effective Belt and Road International Investment Dispute Prevention Policy and establish a systematic Belt and Road International Investment Dispute Prevention Mechanism.With the advance of the Belt and Road strategy,the international investment disputes between China and the countries along the Belt and Road are on the rise.Therefore,China urgently needs to establish a preventive mechanism for international investment disputes,so that it can adapt to the current international investment environment and effectively prevent disputes.Specific proposals for establishing an international investment dispute prevention mechanism include:Establishing a Belt and Road International Investment Dispute Coordination and Response System,establishing or establishing a special domestic Belt and Road Investment Dispute Prevention and management department,establishing a substantive Belt and Road International Cooperation Mechanism,and playing the role of administrative review procedures.China should establish as soon as possible a Belt and Road International Investment Dispute Prevention mechanism,and strengthen exchanges and cooperation with countries along theBelt and Road in the prevention of State investment disputes,to prevent Belt and Road international investment disputes,for Belt and Road the development of international investment escort.This paper is divided into four parts.The first part mainly introduces the current situation and defects of the Belt and Road International Investment Dispute Settlement Mechanism,and analyzes the current defects through the current situation of the Belt and Road International Investment Dispute Settlement Mechanism,it shows that it is necessary and urgent to construct a Belt and Road International Investment Dispute Prevention Mechanism.The second part is the theoretical analysis of the construction of the Belt and Road International Investment Dispute Settlement Mechanism,based on the analysis of the theoretical reasons for the defects of the Belt and Road International Investment Dispute Settlement Mechanism,the necessity of establishing a preventive mechanism for international investment disputes from the perspective of Belt and Road is put forward.The third part mainly introduces the experience of other countries' International Investment Dispute Prevention Policy,and provides the idea of how to construct the Belt and Road International Investment Dispute Prevention Mechanism.The fourth part focuses on the concrete proposals of establishing the International Investment Dispute Prevention Mechanism from the perspective of Belt and Road,this paper expounds the concrete countermeasures from four aspects of establishing the Belt and Road International Investment Dispute Coordination and Response System,setting up or setting up the specialized domestic investment dispute prevention and management department,setting up the substantive Belt and Road international cooperation mechanism,and giving full play to the role of administrative review procedure.