Research On The Clauses Of Prevention And Settlement Disputes In Brazil Investment Treaties

Brazil released its Cooperation and Facilitation Investment Agreement(CFIA)in 2015.This initiative also opened Brazil's unique era of bilateral investment agreements.Brazil has maintained a positive attitude towards contracting from the long-term wait-and-see attitude towards BITs in the last century to the now drastic reforms.Investment arbitration clauses have always been the core of studying bilateral treaties.With the development and accumulation of international investment arbitration practices,the ISDS mechanism with international investment arbitration as its core has exposed its own institutional flaws.The dispute prevention and settlement provisions of the Brazilian Investment Treaty not only fit the direction of contemporary international investment legal reform,but also the core of safeguarding the real interests of both parties in the bilateral investment treaty.At present,Brazil 's CFIA bilateral investment treaty and its unique concept of investment dispute settlement model are still relatively new.Although it is of great value for the convenience and protection of investment between Brazil and other countries,and even for the reform of international investment agreements,it has important value However,there are few studies in China,which have not aroused the academic and practical attention of our country.The topic selection and research results of this article will have important theoretical and practical significance for the improvement of the Brazil Investment Treaty dispute prevention and settlement provisions and for the reform of international investment agreements.This article mainly adopts the research methods of comparative analysis,normative analysis and empirical analysis to comprehensively sort out and specifically dismantle the provisions of the Brazilian Investment Treaty dispute prevention and settlement.On this basis,it attempts to point out the problems in the existing provisions and conduct them.Evaluate and put forward suggestions on relevant dispute settlement clauses among BRICS countries and China.In addition to the introduction,this paper consists of five parts.The first part,"Types of disputes in Brazil's investment treaties and the basic path of prevention or settlement",the research of investment disputes between investors and the host country and its prevent or solve the basic paths,and about the agreement between parties to explain or applicable dispute and prevent or solve the basic paths,and put forward should be further defined on existing clause,in order to ensure the private sector and civil society members can participate in the dispute processing procedures.The second part,"Brazil's investment treaty dispute prevention and settlement agency",analyzes the operation modes of the joint commission,national focal points or commissioners,and the international arbitral tribunal respectively,thus further explaining the characteristics of Brazil's provisions on the prevention and settlement of disputes,and points out that Brazil's current provisions on the functions and procedures of the institutions still need to be further clarified.The third part,"Brazil's investment treaty dispute prevention mechanism",this department will dispute prevention mechanism of program and dismantling,demonstrates the necessity and rationality,respectively,compared with investors-arbitration mechanism between countries,and further summarizes the Brazilian dispute prevention and solution terms in order to promote and facilitate investment as the core,set up the prevention of the characteristics of the dispute settlement mechanism.The fourth part," Brazil's investment treaty dispute settlement mechanism",illustrates the reasons behind Brazil's provision by analyzing the settlement mechanism of the temporary arbitral tribunal and other arbitration organizations,and enumerating the cases where the dispute mechanism is not applicable.The fifth part,"the enlightenment of Brazil's investment treaty dispute prevention and settlement clauses",puts forward Suggestions on the dispute settlement clauses of investment treaty between BRICS countries through the current investment arbitration position of BRICS countries,and puts forward enlightenment on the establishment of dispute settlement clauses of investment treaty between China,Brazil and China in the future.Main conclusions of the dissertation are: Brazil's investment treaty dispute prevention and settlement model is an alternative to the existing bilateral investment treaty,which is different from the traditional bit.It has two main characteristics: 1.The establishment of a unique dispute prevention system aimed at promoting the friendly settlement of disputes between investors and states;2.The traditional investor-state arbitration is abandoned and the solution mechanism of state-state arbitration is provided.