Research On The Investment Dispute Settlement Mechanism Of The Free Trade Agreements

Investment dispute settlement mechanism of the free trade agreements(FTAs) is so important a legal arrangement under the international and regional economic development background that it fluctuates from the international trade dispute settlement to international investment dispute settlement and to itself, and finally form its own system promptly. In light of different subjects and objects, the FTAs'investment disputes can be divided into several categories which including any legal relationships between the investor and its home nation, the state and other managers on it, but the investor-state investment dispute likes direct or indirect expropriation is still the main type in practice. FTAs and its investment institutions have been developed by a long history and now have quite stable ways in the investment dispute settlement mechanism from that correspondingly, so as the value orientation.In the wake of the international financial resources liquidity speed up and the new market countries rise up, international investment quantum rises greatly, the disputes occur frequently therefore, so there is necessary to make the investment entity and procedure regulations be a part of the FTAs. The investment disputes settlement regulation have two dimensions, one is the internal aspect which includes contracting parties'legal systems of the foreign directive investments and its investments abroad, law and administrative regulations and other rules involved, the other is international aspect which contains FTAs, BITs, international treaties and agreements and customary rules.As far, north American free trade area(NAFTA) and China-ASEAN free trade area(CAFTA) represent different typical cases for developed and developing countries which would be taken as the important subjects to be discussed deeply and it would do great help to understand the Investment dispute settlement mechanism of the FTAs how it operates, what the problem it faces, what the tendency it goes and so on. Adding other investment disputes settlement regulations of the FTAs all over the world as much as possible, we can analysis the regular pattern of the mechanism, find out what it absences and give some advices to consummate it. China has received so much attention with the trade and investment growth every year, in order to satisfy the internal and international great need, should take part in the regional economic integration and be the active role. So there is a need to compare in details the different FTAs which China attends and take knowledge of China's attitude when concludes a FTA, so as to analysis the investment dispute settlement rules and to give advices to make full use of the dispute mechanism for China.Innovation of the thesis is that overview the worldwide FTAs from a macroscopic perspective and analysis the investment institution of FTAs and internal laws from a microcosmic one and then finally focus on the China's point, making the statement integrated and credible. The conclusion is that no matter what dimension the regulations belong, a coordinate legislative mechanism exists to fulfill the blanks and contradictions between developed and developing countries and to cope with the investment dispute settlement under the FTAs, which would be a active progress to build up a integrate international investment dispute settlement mechanism may probably come true. China is in the crucial era of the economic growth rapidly, should take a great part in the international and regional investment cooperation and construction and shouldn't miss the chance to encourage the whole power of nation.