Analysis Of The Development Trend Of ICSID’s Jurisdiction And The Strategy Of China

With the acceleration of economic globalization and the increasingly close flow of capital,China’s economic exchanges with other countries are more frequent under the background of the One Belt One Road Initiative.International investment is an important activity that promotes the process of globalization and promotes the sustainable development of international trade.The settlement mechanism has also attracted much attention.ICSID(International Center for Settlement of Investment Disputes),as a permanent institution implementing the Washington Convention,has played a major role in the resolution of investment disputes between investors and host countries in recent years.It has been widely recognized by all countries and has created better results for investors.Investment environment.However,looking at the ICSID acceptance cases,it is not difficult to find that its jurisdiction gradually expands,which is reflected in the expansion of jurisdiction by expanding the interpretation of BIT related terms,extending the consent body,and expanding the scope of consent.Many cases are included in the scope of ICSID arbitration to safeguard the interest of investors and to develop the arbitration mechanism itself.This will not only reduce the seriousness of the treaty interpretation,will undermine the neutrality and credibility of ICSID,but also infringe on the sovereignty of developing countries.interest.At present,as a capital importing and exporting country,China should grasp the opportunities for development and accept the ICSID jurisdiction while responding to its expansion trend.The author believes that China should improve the scope of ICSID jurisdiction when signing or amending BIT,and grasp the details of the corresponding clauses by setting the exceptions applicable to most-favoured-nation treatment terms,and subdividing the ICSID jurisdictional consent method;and actively participate in promoting ICSID.The ranks of the reform of the jurisdiction system guarantee the independence of China’s sovereignty and safeguard the legitimate interests of China’s public interests and domestic investors from infringement.