Research On International Investment Dispute Settlement Mechanism Under “The Belt And Road Initiative”

It has been more than seven years since "The Belt and Road" Initiative was put forward.During this period,the economic and trade exchanges between China and countries along "The Belt and Road" Initiative route have become deeper and deeper,especially in the field of investment.However,due to the particularity of the countries along the route,the investment in the region faces greater political and legal risks,which leads to frequent investment disputes between investors and the host country.In the face of hidden investment risks and growing investment disputes,the existing investment dispute settlement mechanism in the region still faces some difficulties in application.The cal for the construction of a brand-new "The Belt and Road" investment dispute settlement center is getting stronger and stronger.However,due to the lack of realistic basis for construction,the difficulty of construction is self-evident.Therefore,this paper takes 65 countries along "The Belt and Road" Initiative as the research object,by analyzing the challenges and difficulties of investment dispute settlement between investors in the region and the countries along the route,considering the possibility of constructing a new mechanism and the feasibility of resolving investment disputes within the region based on the bilateral investment dispute settlement mechanism,this paper puts forward the existing problems and gives perfect suggestions from two aspects of theoretical carding and practical research.The first chapter mainly analyzes the challenges and difficulties faced by international investment dispute settlement under the background of “The Belt and Road”.The particularity of the investment field along "The Belt and Road" Initiative,the complexity of the geographical location of the countries along the route and the unstable factors of the countries along the route determine that the causes of investment disputes in the region are different from those in other regions,which makes the existing investment dispute settlement mechanism in the region face greater challenges and difficulties in the application.The second chapter analyzes the necessity and feasibility of resolving investment disputes in the region by relying on the existing bilateral investment dispute resolution mechanism.It mainly analyzes the necessity of the lack of conditions for the establishment of the new mechanism and the obstacles to external promotion after construction,and combines the potential advantages of the existing bilateral investment dispute settlement mechanism.It may be more feasible to rely on bilateral investment arrangements to promote the reform of the investment dispute settlement mechanism in the emerging stage.The third chapter mainly analyzes the bilateral investment dispute settlement provisions between China and the countries along the route,and makes an in-depth analysis of its shortcomings.Starting from the types of disputes applicable to the bilateral investment dispute settlement mechanism and the dispute settlement methods included,combined with the analysis of the dispute focus of the typical cases between China and the countries along the route,it is pointed out that at the present stage,the bilateral investment dispute settlement mechanism between China and the countries along the route needs to be further improved in terms of investment definition,pre-procedure and the scope of disputes that can be submitted for arbitration.The fourth chapter puts forward some suggestions on the improvement of the bilateral investment dispute settlement mechanism under "The Belt and Road" Initiative.In order to better serve "The Belt and Road" Initiative,we should actively promote the transformation and upgrading of BIT between China and the countries along the route,based on the changing role of China in the world investment landscape and the actual needs of dispute settlement.And in accordance with the shortcomings of the current bilateral investment dispute settlement mechanism,further improve the investment dispute settlement clauses in BIT.At the same time,China should form an effective docking with “The Belt and Road” by improving the legislation and arbitration system.