Study On Dispute Settlement Mechanism Between International Oil And Gas Pipeline Investors And Host Country

Nowadays,as an important channel of energy transmission,pipeline is really important in the international energy market.As a big energy importing country,China’s oil and gas resources are the main energy products imported by China.Therefore,China’s international pipeline technology and the number of projects have improved significantly.At present,China has opened up four energy channels,namely China Myanmar,Central Asia,China Russia and offshore oil pipelines,through which oil and gas resources are transported,bringing not only economic benefits but also political benefits to China.Subsequently,there are a large number of disputes related to energy trade between investors and host countries,such as Sino Russian oil pipeline transportation disputes.One belt,one road initiative,is further promoted.The demand for investment disputes between the international oil and gas pipeline investors and the host country will be further enhanced,and the use of the dispute settlement mechanism and the requirements for the structure will also be enhanced.Compared with other international investment disputes,international oil and gas pipeline related disputes have certain particularity,and it is difficult to effectively solve such disputes through the current international investment dispute settlement mechanism.This thesis analyzes the current problems of the investment dispute settlement mechanism between investors and host countries,and makes countermeasures,which can be helpful for China’s future oil and gas pipeline projects and other large-scale international investment projects.At present,there are relatively few studies on the dispute settlement mechanism between investors and host countries in international oil and gas pipelines,which is also the innovation of this thesis.I use the methods of literature research and interview survey.Literature survey method is to learn by reading a large number of literature,understand the research trends at home and abroad,and then analyze the problems needed to be studied.And the interview survey method is to interview and survey the relevant employees,ask questions and obtain the required information.The thesis is divided into four parts.The first part briefly introduces the origin and classification of the international oil and gas pipeline,and classifies and introduces the international oil and gas pipeline project investment disputes,and explains the characteristics and complexity of the international oil and gas pipeline project disputes,that is,the project is large-scale,involving the interests of many countries,and closely related to political issues.The second part introduces the dispute settlement mechanism between international oil and gas pipeline investors and host countries,including the dispute settlement mechanism in multilateral treaties such as the Energy Charter Treaty,the dispute settlement mechanism in concession agreement,and the dispute settlement mechanism in bilateral investment agreement.Finally,these dispute settlement mechanisms all point to three directions: negotiation,local remedies and international investment arbitration.The third part analyzes the defects of the international oil and gas pipeline dispute settlement mechanism,that is,it is easy to produce parallel procedures,difficult to solve the political disputes,and the local remedies are difficult to achieve or can not effectively solve the disputes.This part illustrates the problems faced by the international oil and gas pipeline investors and the host country in the settlement of disputes by citing the case of Ron Fuchs v.The Republic of Georgia.and the case of "Nord Stream-2" natural gas pipeline dispute.The fourth part puts forward the improvement of international oil and gas pipeline dispute settlement mechanism.The first is to evade the parallel procedure.The second is to add the SSDS mechanism to balance the status of both parties in the dispute and effectively solve the political disputes.Finally,improving and promoting a fairer ICS mechanism than ISDS mechanism will have a positive impact on the settlement of international oil and gas pipelines and other international investment disputes.