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Analysis Of China-ASEAN Free Trade Area Investment Dispute Settlement Mechanism

Posted on:2019-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y D ZhuFull Text:PDF
GTID:2436330566958035Subject:International Law
Abstract/Summary:PDF Full Text Request
Regional economic integration is the main economic trend in the world today,and free trade zones are one of the most important manifestations.The China-AS EAN Free Trade Area is China's first free trade area established by foreign trade talks.In recent years,China's investment in the ASEAN region has grown rapidly.The form and scope of investment are directly related to the occurrence of investment frictions and the jurisdiction of the ASEAN Free Trade Area Investment Dispute Resolution Mechanism,which must be clarified.At the same time,as the longest-running free trade area in China,the establishment of an investment dispute resolution mechanism is an important part of it.It is necessary to understand the content and procedures of the mechanism.As the most authoritative investment dispute resolution mechanism in the world,ICSID has important reference value for the investment dispute resolution mechanism of China-ASEAN Free Trade Area.The China-ASEAN Free Trade Area Investment Dispute Resolution Mechanism is basically the same as the ICSID's program design,but there are also differences.Through comparison with ICSID,it will be found that the current China-ASE AN Free Trade Area Investment Dispute Resolution Mechanism has narrow scope of application,lack of coercive jurisdiction,lack of supervision procedures for the implementation of arbitral awards,ambiguity in the application of arbitral tribunals,and so on.Trade dispute resolution mechanisms are rarely used.Therefore,it can be further improved from the scope of application of the mechanism,jurisdicti on,supervision procedures,and the application of the arbitral tribunal's laws to pr omote the improvement and development of the investment dispute settlement mechanism in the FTA.
Keywords/Search Tags:regional economic integration, dispute settlement mechanism, investment disputes, arbitration
PDF Full Text Request
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