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Innovation Of Investor-State Investment Dispute Settlement Mechanism And China’s Countermeasures

Posted on:2022-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:D FengFull Text:PDF
GTID:2506306488465244Subject:Master of law
Abstract/Summary:PDF Full Text Request
The increase in investor-State investment disputes has led to the increasing exposure of the shortcomings of investor-State dispute settlement mechanisms,such as inconsistent decisions and lack of transparency.The international community has put forward a series of discussions and practices on the reform of investor-state dispute settlement mechanism.In order to better protect the legitimate interests of investors and countries,Our country should consider the existing innovation strategy and choose the investment dispute settlement mechanism suitable for our country.Many defects in the investor-state dispute settlement mechanism are the main reasons why countries began to innovate the mechanism,which also led to a new trend of development of the mechanism.The innovation strategy of the United States and the European Union is aimed at the two more prominent schemes in the innovation of investor-state dispute settlement mechanism,through the analysis of the advantages and disadvantages of these programs,to understand their advantages and disadvantages,and then combined with some existing problems of China’s investment dispute settlement mechanism,to find a suitable way for China’s investor-state dispute settlement mechanism innovation.Therefore,China can build an international multilateral investment dispute settlement mechanism in the short,medium and long term,from the two countries to the region to the global order.In the early stages of innovation,China could appropriately introduce an appeal mechanism,and with the development of the Belt and Road Initiative,attempts could be made at the regional level to establish multilateral investment tribunals to resolve investment disputes between investors and Countries in the region,and if the multilateral investment tribunals in the region could proceed smoothly,it could attempt to establish a multilateral investor-State dispute settlement system in the field of international investment to guarantee the effective settlement of disputes between investors and States.
Keywords/Search Tags:ISDS mechanism, arbitration appeal system, investment court mechanism, " the Belt and Road Initiatives"
PDF Full Text Request
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