Construction Of International Investment Dispute Prevention Mechanism In China

The international investment dispute prevention mechanism refers to a system composed of a series of measures and policies that promote host countries and their national institutions to fulfill their obligations to foreign investors and prevent international investment disputes from actually arising;it is a new type of governance method for international investment disputes.It can make up for the shortcomings of the international investment dispute settlement mechanism.In practice,the host country to establish an international investment dispute prevention mechanism will generally set up institutions to perform dispute prevention functions,and these institutions will implement the measures of early warning and handling of the emergence of international investment disputes and urging government agencies to fulfill their obligations to foreign investors.These measures can help the host country achieve preventive governance of international investment disputes.The host country ’s establishment of an international investment dispute prevention mechanism is a dispute governance measure that meets the interests of both the host country and foreign investors.On the one hand,the international investment dispute prevention mechanism which focuses on the perspective of dispute prevention and governance regulates the default behavior of the host country ’s national institutions and exerts international investment disputes.It shows the role of the preventive agency in preventing international investment disputes beforehand and handling issues in a timely manner to prevent the occurrence of investment disputes or the initiation of investment disputes to further escalate into formal international investment disputes.On the other hand,the international investment dispute prevention mechanism can strengthen the communication between the host country and investors,promote the improvement of the investment environment,and ultimately achieving the effect of promoting international investment and economic development,and achieving a win-win situation for the interests of foreign investors and the host country.In view of this,it is of great practical significance to study the construction of Chinese international investment dispute prevention mechanism.The body of this article is divided into three chapters:The first chapter is the necessity for China to build an international investment dispute prevention mechanism.This chapter discusses the necessity of constructing an international investment dispute prevention mechanism in China from aspects of overcoming the shortcomings of the international investment dispute settlement mechanism and adapting to the increased possibility of Chinese international investment disputes.The second chapter is the model choice of Chinese international investment dispute prevention mechanism.First of all,this chapter introduces South Korean international investment dispute prevention mechanism and Peruvian international investment dispute prevention mechanism.These two models have their own characteristics.The former is a point-focused international investment dispute prevention mechanism and the latter is a comprehensive international investment dispute prevention mechanism.Secondly,this chapter compares the similarities and differences between the two countries ’ international investment dispute prevention mechanisms from the establishment of dispute prevention agencies,early warning and handling of international investment disputes,and urging government agencies to fulfill their obligations to foreign investors.They both provide useful lessons.Finally,the chapter discusses that the construction model of Chinese international investment dispute prevention mechanism should mainly refer to the Peruvian model and take advantage of the South Korean model.The third chapter is the construction of Chinese international investment dispute prevention mechanism.With reference to the construction experience of the Peruvian model and the South Korean model,this chapter combines Chinese institutional foundation and practical needs,from the institutional arrangements for the prevention and control of international investment disputes,the timely handling of the emergence of international investment disputes,and urging government agencies to fulfill their obligations to foreign investors.These aspects provide concrete proposals for the construction of Chinese international investment dispute prevention mechanism.