The Research Of Some Legal Problems On CAFTA's Investment Dispute Settlement

On August 15, 2009, in Bangkok, Thailand ,at the Eighth China - ASEAN trade and economic ministers, the Chinese Minister of Commerce and the ASEAN economic ministers of 10 countries signed the"China - ASEAN free trade area investment agreement". Since then, China and the ASEAN Free Trade Area established in all the details have been discussed are completed, China - ASEAN Free Trade Area as scheduled on January 1, 2010 formally established. Through the establishment of the free trade area, the economic trade, investment activity will reach an unprecedented flourishing state with a variety of disputes between China and ASEAN countries. The dealing of these disputes decides the health of the bilateral economic and trade co-operation and the stability of the area's economic order.As one of the five priority areas in CAFTA, investment dispute influences more. In this case, the two sides signed the "China - ASEAN Free Trade Area of Dispute Settlement Mechanism Agreement" has been adjusted to it,the "investment agreement" also has a more clearly defined.However, because these two documents has its inevitable shortcomings, and both have not been in practice for further co-ordination, so the investment disputes settlement there are still a lot of obstacles. In order to settle the dispute more conveniently and efficiently in the region, it is necessary to establish a dedicated investment dispute settlement mechanisms of the free-trade area to solve the problem of investment disputes to regulation. This paper attempts to adopt analysis the existing dispute settlement mechanism in the world as the starting point, combined with analyzing existing investments dispute settlement rules to the CAFTA and their advantages and disadvantages to seek to the existing defects to be perfect, so as to establish a more viable method of investment disputes settlement and establish a mechanism of CAFTA dispute settlement mechanism. So that the free trade area investment disputes can be resolved , and the members of the party will be satisfied with the solution.The text has more than 30,000 words, including the Introduction and 4 parts of body. ?Introduction introduces the production of investment disputes, the manners of investment disputes briefly, and leads to the subject.The first part of"the analysis of existing international investment dispute settlement mechanisms".Trough analyzing the existing international investment dispute settlement mechanisms and analyzing their respective strengths and weaknesses, to finding the significance of the establishment of a new dispute settlement mechanism ,and for learning the meaning sets the stage for the subsequent discussion.The second part of"the analysis of ASEAN's regulations Settlement of Investment Disputes". This part analyses the rules of investment dispute settlement at two levels on the rules of ASEAN and the signed-treaty between ASEAN and China. Then the investment rules and dispute settlement in the CAFTA have been cleared.The third part of "the beginning analyses of the CAFTA's Investment Disputes Settlement" .This section analysis the strengths and weaknesses of CAFTA"Dispute Settlement Mechanism Agreement"and"Investment Agreement", and provide a realistic legal basis for the establishment of investment disputes settlement mechanism.The fourth part of"the idea of establishing CAFTA investment disputes settlement mechanism". This part presents the concept of the establishment of CAFTA investment dispute settlement mechanisms, includes three aspects: establishment of CAFTA's Center for Settlement of Investment Disputes, the definition of investment , investor and investment disputes, the improvement of arbitration proceedings.