The Construction Of Trade Dispute Settlement Mechanism Under The Belt And Road Initiative

“The Belt and Road” initiative was proposed in 2013 and has been working hard for more than five years.“The Belt and Road” initiative based on the principle of win-win cooperation,it attracts more than 100 countries which including but not limited to the ancient Silk Road to participate in “the Belt and Road” initiative with an open and inclusive mind.Trade is one of the main forms of exchanges and cooperation among “the Belt and Road” participating countries,with the expansion of the breadth and depth of trade cooperation among them,various trade disputes have also risen while bringing trade prosperity.In addition,the number of countries participating in “the Belt and Road” initiative are daily on the increase,complex country environment brings more unpredictable challenges to trade security and stability of “the Belt and Road”.Therefore,in order to ensure the healthy development of “the Belt and Road” trade,under the theme of the era of build a community with a shared future for mankind,we should take the differential symbiosis and win-win cooperation of “the Belt and Road” initiative as the guiding principle,construct a trade dispute settlement mechanism that is compatible with “the Belt and Road” initiative.This article consists of four parts:Part Ⅰ,take “the Belt and Road” initiative as the breakthrough point,by analyzing the differences in legal,political,and religious cultures of participating countries in “the Belt and Road”,it is concluded that “the Belt and Road” trade dispute presents the characteristics of diversity and complexity under the challenge of multiple order;At the same time,the legal framework for the existing trade dispute settlement mechanism of“the Belt and Road”has been sorted out by the parties involved in the dispute.Part Ⅱ,Found by analysis: first,the existing effect of the dispute settlement mechanism between the governments is not obvious,does not conform to “the Belt and Road” cooperation and win-win concept,and the bilateral trade agreement is difficult to see results in practice;second,in resolving the trade dispute between the government and the enterprise,the opposition to granting the private subject’s right to appeal is not in line with the development trend of the trade dispute settlement mechanism,and the indirect litigation right cannot fully protect the legitimate rights and interests of the private subject;third,the endogenous defects of the existing arbitration institutions are prominent and it is difficult to meet the situation of the multiple legal values of “the Belt and Road”,in the meantime,the participating countries lack enthusiasm for resolving disputes through litigation.Part Ⅲ,besides the existing “the Belt and Road” dispute settlement mechanism of EU and NAFTA with better implementation effect are selected,it is concluded that the EU’s rules-oriented dispute settlement,the flexibility and diversity of NAFTA dispute settlement and their emphasis on the protection of private right of action are all successful experiences worthy of reference in the construction of “the Belt and Road”trade dispute settlement mechanism.Part Ⅳ,on the basis of respecting differences,we will construct “the Belt and Road”trade dispute settlement mechanism.On the macroscopic instruction,guided by“multiple balance”,“Learn from each other”and “differential symbiosis”;In the operation mode,set up “the Belt and Road” trade dispute service center,establish the principle of selective exclusive jurisdiction,pay attention to the protection of private subjects such as enterprises and so on;in the dispute settlement procedure,mediation is as important as arbitration,supplemented by consultations,then,a set of flexible dispute settlement mechanism that conforms to the characteristics of “the Belt and Road” initiative and is applicable to multiple subjects will be formed.