The Rules Of Nationality Recognition In International Investment Disputes

Investors' behavior of nationality planning,and the vagueness of nationality,have emerged along the rapid development of economic globalization.There was a great deal of controversy over the establishment of the company as a criterion for the determination of nationality,and it was argued that the standard of individual establishment made the nationality very operational and led to a very weak link between the company and the country of nationality.Therefore,the dispute of the nationality of the company is often found in the investment dispute.Among them,the ICSID arbitral tribunal has formed some empirical analysis in the judgment of the nationality dispute which has been dealt with in the investment dispute in recent years,which is of great significance for the recognition of the nationality of the company.The structure of this paper is as follows:The first chapter introduces the nationality disputes and the difficulties of the nationality of the company.Through the use of empirical analysis and data analysis,this paper studies the nationality disputes in the current international investment,and analyzes the vagueness of nationality in transnational corporations.And through the legal analysis of nationality in international law.Based on the data provided in the 2016 World Investment Report,the impact of this status on the host country and the international investment environment is analyzed and introduced.The second chapter mainly analyzes the standard of the nationality of the company which is currently being used and how the arbitration tribunal has applied and analyzed these standards after the occurrence of the nationality dispute.The main analysis is through the famous case and the famous judge of the International Court of Justice Legal advice,and the relevant case study methods,analysis of investment disputes in the emergence of nationality disputes,the international arbitration institutions is how the company's nationality was identified,what methods and standards used to identify.In the third chapter,after analyzing the standard of nationality in international law,this paper introduces the standard of nationality determination in our country,and its shortcomings should be based on the practice and revelation in international arbitration.In the international bilateral or multilateral investment agreement,How to improve the company's nationality of the standards that make some advises.