The Research About Construction Of Dispute Settlement System For International Investment

Nowadays with the globalization of trade and investment, we realize that the legal system concerns investment in our country cannot meet the need of the times, and it must be reformed. In order to set up a mature legal system, we have to consider two things: one is how to concert the trade law and investment law in the domestic law; the other is how to concert them between different countries. The best way to solve these questions is to draw up a multilateral agreement that every nation in the world would join; In fact, it is impossible to set up an international investment code. After the World War II, many of the international organizations and nongovernmental organizations have made great effort to make the progress in this field, but both of them have failed. The reason was that it is not the right time for us to set up the international investment legal system. Let's think of this question from another angle: we can build up the dispute settlement system of international investment, solving investment disputes with the common regulations, through this way, a international common convention could possibly be achieved later on. Currently, the mechanism of international investment dispute settlement is not mature, because there is no common convention existing, even the dispute settlement system has its own inadequacy. How to build up a perfect dispute settlement system is the main topic that the author tries to deal with. This thesis includes three chapters: Chapter 1 is a brief account of international investment and international investment law; Chapter 2 is the analysis about traditional investment dispute settlement; Chapter 3 is about the construction of dispute settlement system for international investment. Writing this thesis, I was encountered by several difficult questions, such as the analysis of the dispute settlement system of ICSID and NAFTA. If the thesis has only one creation, I think that was do not care about the united convention, but build up the united dispute settlement.