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Research On The “Belt And Road” Investment Dispute Mediation Mechanism

Posted on:2021-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y FangFull Text:PDF
GTID:2516306095492424Subject:International Law
Abstract/Summary:PDF Full Text Request
"The Belt and Road" is a great initiative put forward by the Chinese government to jointly build a community of shared interests,responsibilities and common destiny featuring openness,inclusiveness and mutual benefit,economic integration and cultural inclusiveness.It aims to achieve greater areas,higher levels,and deeper cooperation.If there is cooperation,there will be conflicts.Following with the constant promotion of the regional economic and trade cooperation,the various disputes will emerge in an endless stream.The problem that regional development must pay attention to is how to solve these disputes."The Belt and Road" runs through the Asian,African and European,with many countries and rich natural resources.Each country has its own characteristics in politics,economy and culture.Most of the countries along the routes belong to developing country,with high risk of overseas investment and high possibility of transnational disputes.At present,the invest-state dispute settlement(ISDS)mechanism of "The Belt and Road" can't be best apply to the investment disputes for various reasons.Therefore,it is necessary to construct a mechanism of ISDS that embodies Chinese characteristics and meets the "The Belt and Road" concept and actual demand.It can provide guarantee for regional development and help regional comprehensive development.Mediation have the advantages of flexibility,non confrontation,lower cost and higher efficiency.And the idea of "win-win cooperation" is consistent with the purpose of the initiative.It can make up for the shortage of traditional settlement methods such as arbitration and litigation in solving investment disputes.Accordingly,from the point of view of perfecting the existing dispute settlement mechanism,this essay analyzes the present situation of the existing investment dispute settlement mechanism,the advantages and feasibility of mediation applicable to "The Belt and Road ",and discusses the importance of constructing the mediation mechanism and puts forward some suggestions for it.
Keywords/Search Tags:The Belt and Road Initiative, Investment Disputes, Mediation
PDF Full Text Request
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