| Although the research on ISDS is deepening in China and the whole world,but i tried my very best to get a decent concept and connotation searching from documents and papers in Chinese and no efforts are paid off.Moreover,sometimes scholars in academic circle are confused with several other similar concepts when using the terminology ISDS.It is more than necessary to clarify the concept and extension of ISDS as to distinguish it from other alike adjacent concepts.Nowadays,take a glance at the international community,the investment environment is undergoing rapid changes,with the “Calvo Doctrine” reviving in Latin America,and EU having obtained exclusive authority of making policy in direct investment through so called “Lisbon Treaty”.In addition,more and more cases are frequently brought against developed nations,most of them aim to challenge the public policy,which doubtless curb the execution of the power to regulate.Because of these changes,ISDS is also facing unprecedented criticism.In contrast,China's influence in the area of inflow of foreign direct investment(hereinafter referred to as “FDI”)and the FDI outflow is already strong enough.China's amount of FID outflow surged in 2013 becoming the world's third greatest,and the second greatest in 2015.Meanwhile,China's FDI outflow surpassed its FDI inflow,which means China has become a net exporter of capital.In view of the above background,what future do we have for ISDS in China? What choice must we make as for ISDS in the upcoming BIT negotiation with EU and America? Should we stick to ISDS reform or remove it all? As whole,the study of ISDS mechanism will have a great guiding significance for the construction of BIT between China and other countries in terms of investment dispute settlement clause.This paper is divided into four parts:The first chapter is an overview of ISDS mechanism,including its connotation and analysis.This section analyzes the background of the ISDS mechanism,the meaning of the ISDS mechanism,and its differences from other dispute resolution approaches,as well as its development and current international status.At the same time,the introduction of ISDS mechanism classification,will also focus on ICSID-the main ISDS platform.Chapter II,Analysis of ISDS Mechanism and Law Application.The first part of this chapter will discuss the issue of arbitration jurisdiction under the ISDS mechanism,focusing on the world's most important ISDS mechanism platform-the ICSID;the second part will focus on the second core issue,the law that the ISDS mechanism applies,and pinpoint the problems encountered in practice.The third chapter discusses a few examples of countries in the world with experience in ISDS practice,pointing out some of the major problems exposed by the ISDS mechanism in practice and the problems arising from the ISDS mechanism,which caused challenges by many countries in the world.The fourth chapter discusses the impact of the ISDS mechanism on China's BIT negotiations and China's ISDS practice.The first part of the chapter will discuss how the new current will impact on China's ISDS policy.The second part will give some constructive advice about the choice of ISDS and what future holds for us to deal with investment disputes in the long run. |
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