Research On The Qualification Of State Owned Enterprise Investors In International Investment Law

This paper aims to study the qualification of state-owned enterprise investors in international investment law,analyze the qualification of state-owned enterprises in ICSID arbitration and international investment agreement,summarize the identification difficulties,and put forward a series of beneficial explorations such as the commercialization of state-owned enterprises through competition neutrality rules.This paper follows the idea of raising questions,analyzing problems,and solving problems.The first chapter is the introduction part,which explains the research significance,research status at home and abroad,research methods and innovations,in order to improve the full text.The second chapter summarizes the predicament of state-owned enterprise qualification,which is the basis of the problems discussed in this paper.The first section is about the basic introduction of state-owned enterprises,including the definition and nature of state-owned enterprises,combined with the data to summarize the status quo of state-owned enterprises’ foreign investment,sorting out the main disputes,and laying a conceptual theoretical foundation for the research object of the whole paper;the second section This paper sorts out the origin of the problem of the qualification of state-owned enterprises,involving the establishment of the ISDS mechanism and the emergence of ICSID arbitration,and elaborates on the causes of the problem of the qualification of state-owned enterprises.Chapters 3 and 4 are the core chapters of this paper,analyzing whether state-owned enterprises have the qualifications of "nationals of another contracting state" in the Washington Convention and "investors" in international investment agreements.Chapter 3analyzes typical cases,including CSOB v.The Slovak Republic,Masdar v.Spain,CDC v.Seychelle,Rumeli and Telsim v.Kazakhstan and Beijing Urban Construction Group Co.Ltd.v.Yemen,Summarizes the identification standards based on ICSID in arbitration practice,and proposes that it should develop towards a comprehensive identification standard,that is,the business activity detection method;Chapter Four examines whether state-owned enterprises are mentioned in the traditional definition of investors in international investment agreements,summed up three situations that clearly stipulate that state-owned enterprises belong to investors,exclude state-owned enterprises and make judgments unclear,and then combine the new international economic and trade treaty CPTPP Chinese state-owned enterprise rules and clauses,on the basis of analyzing the relationship between competition neutrality rules and state-owned enterprise qualification,proposed to shape state-owned enterprises through competitive neutrality rules.The fifth chapter provides suggestions for dealing with the predicament of state-owned enterprise qualification.From the perspective of combining theoretical discussion and problem-solving,suggestions are put forward for the two main bodies of state-owned enterprises and the state.Including: sorting out the standards for ICSID arbitration to determine the qualification of state-owned enterprises,comprehensively considering the nature and purpose of the behavior to determine the qualification of state-owned enterprises;deepening the reform of state-owned enterprises,and actively using ICSID arbitration to protect rights;establishing a unified conceptual framework for state-owned enterprises,investors in international investment agreements Define the qualifications of state-owned enterprises in the definition clauses,appropriately learn from the reasonable content of the competition neutrality rules,actively explore and participate in the formulation of international investment rules,and strive to join the CPTPP as soon as possible.