Research On The Issue Of Public Interest In International Investment Arbitration

With the liberalization of international investment treaties,increasing number of international investment treaties,the international investment activities more frequently,the corresponding also greatly increased the number of international investment disputes.International investment arbitration originated in international commercial arbitration,inherited the efficiency of’the commercial arbitration and secrecy,gradually become the main way to solve international investment disputes today,new investment treaties contain the vast majority of international investment arbitration mechanism.International investment arbitration not only inherited the commercial arbitration,however,efficient,professional characteristics,is retained in the commercial arbitration inclined to protect the interests of the investors,value orientation,together with its program of secrecy and its mechanism of defects,in the process of international investment dispute too much emphasis on the interests of investors and ignore the host country of the public interest,creating the problem in the public interest,led to a host of international investment arbitration,most countries began to examine,the investment treaties are trying to limit the international investment of the jurisdiction of the arbitration tribunal.In the development process of international investment arbitration also began to realize public interests protection for the host country,therefore in the recent case of the host country has gradually the public interest.However public interests can solve the problem is not day and night,and the international community is not a set of system to protect the public interest of the host country mechanism,therefore the present stage mainly through perfect international investment treaties,change of international investment arbitration mechanism is not conducive to the protection of public interest in these two approaches to strengthening the protection of the public interest of the host country.This article follows the international investment arbitration in the host country the central issue of public interest protection,through the analysis of the forms and causes of public interests and the status quo,to find the countermeasures to solve the problem of the public interest.Concrete from the perspective of international investment arbitration tribunal and discretion to exercise the jurisdiction,selected the typical cases of international investment arbitration practice,analysis of international investment,mainly through various ways to expand the arbitration tribunal’s jurisdiction and to implement the case shall be under the jurisdiction of,at the same time,the defects of their own arbitration mechanism can bring a big influence to the host country in the public interest,thus come to the conclusion that to strengthen the international investment treaties the improvement of the relevant provisions to restrict the jurisdiction of the arbitration tribunal,constraints,its interpretation,and to establish relevant supervision mechanism to constraint,while encouraging Chinese investors to actively participate in the arbitration practice,summarize experience,to better protect the country’s public interests.This article is divided into three parts of introduction,text and epilogue text is divided into four chapters.The first chapter,has been clear about the international investment arbitration and the international investment in the public interest in the relevant concepts and characteristics of the analysis of international investment arbitration forms and to protect the interests of the public in meaning.The characteristics of international investment arbitration determines its bias to protect the interests of the investment,while ignoring the host country in the public interest,and thus will affect the public interest,national protection of public interests is not only a responsibility to the public is more conducive to maintaining normal order of international economic exchanges,and create a good environment for international investment,and to achieve the goal of sustainable development.The second chapter,analyzes the public interest problem in international investment arbitration,mainly from the public interest problem in practice type,and the cause of the public interest problem and a detailed analysis of the status,found in the public interest is not only the cause of the problem of the flaws of international investment arbitration mechanism and in not attach great importance to the protection of public interests in investment treaties on the one hand,reasons for this.From the cases can be found in the practice of international investment arbitration has already started to attach great importance to the protection of the public interest of the host country and the developing countries in international investment treaties also set of terms relating to public interest in the attaches great importance to the treaty.The third chapter,analysis,some countermeasures to protect the public interest of international investment arbitration,mainly embarks from the limited jurisdiction of the arbitration tribunal and discretion,and the perfect international investment arbitration procedure itself,to strengthen the protection of public interests.International investment arbitration tribunal and countries should make joint efforts to perfect the relevant regulation of public interests,thus achieve the goal of protection.The last section introduces the new development of the international community in the public interest protection,as well as the strengthening of the next chapter to protect the public interest in China to provide some inspiration.The fourth chapter,the main public interest issues in the international investment arbitration enlightenment to our country,introduces the course of China’s participation in international investment and the latest cases in the practice,alarm,China will face in the public interest problem in the future,and then some Suggestions,hope to be able to circumvent the public interests to the greatest extent.