Study On Icsid's Jurisdiction Clause In Bits

The settlement system of international investment disputes between foreign Private investors and the host countries is so worthy to focus on as it is not only a subject on the international economic law, but also a main reason that may change the decisions weather to invest into a state. To solve the problem, many states join into the membership of Washington Convention. To settle the disputes under the International Center for the Settlement of Investment Disputes, which we call"ICSID"for short, arbitration system is more and more popular for the foreign investors and their mother countries.Bilateral Investment Treaties, that we call BITs for short, as a main method to deal with the problems in the international investment, has put great focus on the settlement system of international investment disputes, too. Given the great influence of ICSID in the filed, there are provisions of ICSID arbitration jurisdiction in many BITs. China is in the membership of ICSID. China has also established many BITs with other states. In the BITs, there are also such kinds of provisions.In fact, there would be much big trouble if the provisions of ICSID arbitration jurisdiction are not so fit. It is much clearly from what has happened in the cases about international investment disputes.This thesis is focus on the provisions of ICSID arbitration jurisdiction in BITs. It bases on the cases of the disputes and take the provisions from BITs as example. Aim to give some advices to our government for the advantage in developing such kind of provisions.There are for chapters in the thesis.The first chapter is a introduction of the provisions of ICSID arbitration jurisdiction in the BITs. In this part, we introduce about the main contents of the BITs and the main rules in the Washington Convention.The second part is about the trend that the host country has given more and more chance to the ICSID to get jurisdiction over the cases on disputes of international invention. We focus on the cases judged buy ICSID, analysis the attitude of the arbitrators and get the conclusion. Then, we talk about the invalidities of the ICSID in arbitration to find out that it may be adverse for the states to give too much jurisdictions to ICSID. At last, we take what had happened in Argentina as an example to show the ponderance. Then we get to know that for our government, we should hold the right tightly.The third chapter is about what China has done in the BITs. We take many BITs that China has developed with other countries, and try to develop the details about the provisions of the ICSID arbitration jurisdiction. Then we find some risks in the provisions.The forth chapter is about some advices to our government.