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Research On China-Asean Energy Investment Dispute Settlement Mechanism

Posted on:2021-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:W SunFull Text:PDF
GTID:2416330629951364Subject:legal
Abstract/Summary:PDF Full Text Request
With the continuous promotion of the One Belt One Road initiative and the increasingly frequent economic cooperation among countries along the belt and road,the features as regionalization and specialization of international investment disputes are becoming more prominent,and the existing international dispute settlement mechanism has been hard to meet the needs of One Belt One Road disputes settlement.In order to promote the high-quality development of the One Belt One Road initiative,establishing a dispute mechanism which is suitable for the new type of international economic relations has become an inevitable trend.Southeast Asia region is rich in energy resources,and the cooperation between China and Association of Southeast Asian Nations(ASEAN)in energy investment has tremendous potential.The establishment of regional energy investment dispute settlement mechanism can provide an effective legal approach for energy investment disputes in China-ASEAN Free Trade Zone(CAFTA).This thesis analyzes insufficiency of the China-ASEAN dispute settlement mechanism,the WTO dispute settlement mechanism,the ICSID dispute settlement mechanism,the dispute settlement mechanism of the Bilateral Investment Treaties in dealing with the energy investment disputes in CAFTA,draws on advantageous experience,and discusses the establishment of China-ASEAN energy investment dispute settlement mechanism under the background of One Belt One Road initiative by combining with the research of China-ASEAN energy investments' particularity and related legal issues.On concrete path,providing ideas to establish a regional energy investment dispute settlement mechanism that integrates consultation,mediation and arbitration by setting up a specific dispute settlement center based on the principles of respecting state sovereignty,taking into account national conditions,respecting the autonomy of the parties concerned,combining law with politics and diplomacy,and upholding transparency.
Keywords/Search Tags:One Belt One Road, China-ASEAN, energy investment, dispute settlement mechanism
PDF Full Text Request
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