Study On The Definition Of Investment In International Investment Agreements

This dissertation focuses on the definition of investment in international investment agreements, specifically discusses the definition of investment in copies of investment agreements and in practices of ICSID (International Centre for Settlement of Investment Dispute) arbitration. The full text of this dissertation is divided into three parts:Introduction, Text, and Conclusion. The Text consists of three chapters.The focus of Chapter 1 is the definition of investment in copies of investment agreements. This chapter consists two subchapters. Subchapter 1 discusses the conventional definition of investment, the author summarizes the ways to define the conventional definition of investment, and then comments on the conventional definition of investment. Subchapter 2 studies on the latest definition of investment. Firstly, the author points out the recent international investment agreements definite the connotation of the definition of investment. Secondly, shows clearly that the recent international investment agreements further clarify the intension of the definition of investment. Finally, makes a comment on the latest definition of investment.Chapter 2 conducts a study on the definition of investment in practices of ICSID arbitration. This Chapter is divided into three subchapters. Subchapter 1 researches the arbitration of investment definition under ICSID. At the beginning, the author makes a brief introduction on the overview of the investment definition arbitration under ICSID, and then concludes how the arbitral tribunal defines the definition of investment under ICSID from a number of cases. Subchapter 2 studies on the arbitration of investment definition under bilateral investment treaties, separately illustrates how the arbitral tribunal identifies the connotation and intension of the definition of investment under bilateral investment treaties. Subchapter 3 makes a comment on the latest definition of investment in the practices of ICSID arbitration.Based on the above chapters, Chapter 3 points out that China's countermeasures. Firstly, subchapter 1 makes a conclusion and analysis on the status quo of China's conclude of the definition of investment. Secondly, subchapter 2 discusses the countermeasures China should take in detail:accurately set China's position in the international investment relationship and let the definition of investment vary from contracting party to contracting party.