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On The Study Of AIIB's Privileges And Immunities

Posted on:2018-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:C ZengFull Text:PDF
GTID:2439330518455299Subject:International Law
Abstract/Summary:PDF Full Text Request
The relevant legal issues of modern international organizations are a relatively new field in the development of international law.As a result,the status,privileges and immunities of international organizations associated with it are also emerging issues.With the increasing importance of international organizations in international society,the international calls have become increasing for enact the laws which specifically.applicable to the privileges and immunities of international organizations.Because of such these things,the issues become more and more attractive.It is necessary to study The Asian Infrastructure Investment Bank's(AIIB)privileges and immunities for the research on privileges and immunities legislation,and judicial practice development in China.The paper is divided into four part.The first chapter given an outline of AIIB.Included the process of its establishment and its function.Then introduced the privileges and immunities rules of Asian Infrastructure Investment Bank Articles of Agreement.And also analysishe theoretical basis of the privileges and immunities of the AIIB.The second chapter limited AIIB's privileges and immunities by functional necessity theory.based on the Asian Infrastructure Investment Bank Articles of Agreement,and analyze its own privileges and immunities.In this part,we can also see the contrasts bet-ween the relevant conventions of the international community and related cases.As well as point out the shortcomings of AIIB.The third chapter focus on the disputes that may arise from privileges and immunities.Enumerates some facts that may cause the dispute.This part also study the relevant international conventions,foreign judicial practice and case.After comprehensive comparison of a variety of dispute resolution,the author put forward five methods to resolve this question.Besides,present the method of commercial insurance and Investigation team mechanism which were worth regarding.The fourth chapter focus on the conflict between the rules of AIIB and Chinese Law.The conflict is main about two opposite point,limited immunity and absolute immunity.The author also analyze how to make a choice between these two theory.Besides,some meaningful measures of Chinese privileges and immunities problems are proposed.
Keywords/Search Tags:Asian infrastructure investment bank, privilege, immunities, dispute resolution
PDF Full Text Request
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