On The Application Of Due Process Principle In Bilateral Investment Treaties

Due Process is the basic principle of procedure legitimacy in common law countries.It is also an important way and basic idea about protecting private property right.Therefore,these countries always set up a series of high requirements about due process when they sign investment treaties with others.The due process principle can be seen in the part of investment treatment,investment protection and dispute settlement.Hence,the due process principle,even in the same investment agreement,may have a different meaning in different terms,which made it a controversial issue in investment arbitration practices.The thesis is aimed at finding out the general rules of understanding and application of due process in investment arbitration practices by analyses of the value and specific standard of due process.The thesis also discuss the issue of construction and application of due process clause in the future bilateral investment treaty of China,on the premise of figuring out the implications of due process in bilateral investment agreements.Apart from the introduction and epilogue,the thesis consists of five chapters.Chapter one is about the macro introduction of the origin and connotation of due process principle,and the meaning of due process as a general international principle.Besides,typical forms of the clause in investment treaties are presented.Then,three values of due process principle in bilateral investment agreements.Chapter two is about the introduction of legitimacy requirements of due process under the value of ensuring justice in result.In this part,the thesis will discuss the requirements of due process in the terms of fair and equitable treatment and the terms of expropriation and compensation,in combination with typical cases in the investment arbitration.Chapter three is about the introduction of legitimacy requirements of due process under the value of emphasizing procedural justice.In this part,the thesis will discuss the requirements of due process in the terms of fair and equitable treatment,in combination with typical cases in the investment arbitration.Chapter four is about the introduction of legitimacy requirements of due process under the value of balancing fairness and efficiency.In this part,the thesis will discuss judicial review requirements and the design of Fork in the Road Clause,in combination with typical cases in the investment arbitration.Chapter five is about the considerations and choices when china sign bilateral investment treaty in the future,based on the provisions and insufficient of China?s bilateral investment treaties.And try to give some suggestions about the revision of China?s bilateral investment treaty according to the enlightenment of the American investment treaty model.