The Game And The Balance Of The Rights Between The Investors And The Host Country Under The ICSID Mechanism

Under the rising prosperity of international investment, the related disputes are also increasing. The investment dispute between the investors and the host country is prominent. The ICSID mechanism is a very important mechanism which solves the investment dispute between the investors and the host country. As is known to all, the status of the investors and the host country has a great gap. The ICSID mechanism plays an important role in protecting the rights of the investors who are in a weak position. However, along with the continuously exploration of the theory and practice, the inherent defects of the ICSID mechanism are emerging. The limitation on the rights of the host country becomes more obvious. It was exposed that the ICSID mechanism is a double-edged sword. Facing the game of the rights between the investors and the host country in the international investment disputes, how to balance the rights becomes more important and needs to be solved. On the base of the systematic analysis of the competition and the balance of the rights between the investors and the host country, the paper deeply explores the cause of the competition, tries to find an effective way to balance the rights of the both. Then, this thesis hopes to produce reference to the measures of the investment disputes which we are facing in the new period. In addition, combining with the latest developments in FTA, the thesis hopes to make a contribution to the solution and the innovation of the investment disputes between the investors and the host country in FTA.Firstly, on the general scope of ICSID mechanism, it provides an overview, briefly introduction the emergence and development of ICSID mechanism, the right of competency and the law applicable in the jurisdiction of its principles and rules. Secondly, on the basis of general category of the ICSID mechanism, this thesis began a comprehensive and systematic analysis of the competition between the investor and the host country’s rights under the ICSID mechanism, from the ICSID mechanism to protect the rights of investors, the specific performance of the ICSID mechanism to limit the rights of the host country under the current situation, analyzes the recovery of the Calvo Doctrine. At the same time, due to the right of the host country and triggered, it does an in-depth analysis of the causes of rights between the investor and the host of the game. Then, based on the reasons between the investor and the host of the competition right reasons, the paper attempts to improve the ICSID mechanism inherent defects, the establishment and improvement of the dispute arbitration mechanism outside of solutions and strengthening North-South cooperation in three areas, explore the balance between investors and host countries effective way between rights. At last, based on Chinese ICSID mechanism evolving attitudes, this thesis tries to analyze the new era of Chinese face of international investment disputes, and combines the institutional construction of FTA, try to analyze FTA regional investment disputes and give some effective countermeasure.