The Study Of The Issue Of State Immunity About ICSID

In 1965, the states had singed the“Convention on the Settlement of Disputes Between States and Nationals of Other States”(hereinafter ‘Washington Convention’), which established the“ International Center for Settlement of Investment Disputes”(hereinafter‘ICSID’). The Washington Convention has provided a legal framework for settling disputes between investors and host states through mediation and arbitration, which made it equal to the investors that they can fight with sovereign state during the settlement proceed, it also had excluded the consideration of the issue of sate immunity at the initial phase to made the disputes depoliticized. However, the applicable rule of state immunity from execution which the Washington Convention has settled in the article 55 made the state immunity issue became the last obstacle to the mechanism of ICSID.Since embarked on the path of reform and opening-up, China has continued improving the political and economic status in the international society, and domestic investment environment has optimized either, which attracting more and more foreign investors,and the FDI of China is increasing. With the ascendant of multinational investment, China has had to face with increasing investment disputes. However,because of insisting on the position of restrict immunity and blank state immunity makings, which is not bane to memorization the investment environment of China. More importantly, China is lack of effective mechanism for protect the overseas sate property’s safety and investor’s interest.This paper is aimed to study the issue of sate immunity in the mechanism of ICSID, and perspective by the international investment disputes settlement to analyze the position and dilemma of China at the issue of state immunity, and express the expectation of the special legislation in the field of state immunity.