The Improvement Of Investor-State Dispute Settlement Mechanism

The current investor-state dispute settlement mechanism has had far-reaching effects on many years of practice.It has played a fundamental role in the settlement of international investment for a long time,but its own shortcomings and drawbacks are also in the process.In the exposed and show.Therefore,perfecting or reforming the current investor v.Host Country Settlement Mechanism has been put on the world agenda.So far,both the United States and the European Union have tried their own interests in different agreements to try to change the current investor-shareholder dispute over host country dispute settlement mechanisms.In 2013,the EU proposed the "Transatlantic Trade and Investment Partnership Agreement." During the negotiation of this agreement,the EU proposed a new set of rules to reform the settlement mechanism for investors v.The host country.The new mechanism includes a complete set of procedural rules for the ISDS mechanism that has always been adopted.The EU also added provisions on investment courts.Until now,the EU has already adhered to the relevant provisions when signing bilateral treaties with Canada and Vietnam and An investment court has been established,and the investment court in operation has shown some positive effects and advantages.But what needs to be considered is whether such a set of rules is the best reform of the current practice.From a deep-seated reason,TTIP is a tool for the United States and Europe to compete for international investment leadership.The essence of Europe is that of existing rules.The essence of establishing a new set of rules is that Europe wants to continue to benefit from changes in the status of international investment.Some of these rules will be too aggressive and biased in favor of the EU,such as The author believes that investment courts are free from current best practices.The reform of the ISDS mechanism has been an irresistible trend.This article analyzes the specific rules of TTIP to explore which rules can be more suitable for the current situation of trade globalization and which reform can balance the interests between the host country and the investors,that is,guarantee The smooth progress of international trade,but also to meet the sovereign state's request for the retention of public interest.At the same time,Europe in the process of establishing new mechanism of ISDS must want to enlarge the scope of this mechanism,in the current central to negotiate bilateral agreements signed in the process,mechanism of ISDS and the European Union wants to admit that part of the treaty,China but China whether to adopt this new ISDS mechanism,especially the mode of court remains to be discussed.However,it can be seen that China is inevitably included in the reform trend,so the article also analyzes the application of the new ISDS in China.China will inevitably be affected in the global tide,In the construction of OneBelt And One Road,the state of the rule of law in the countries along the route is not the same,so this paper analyzes the investment dispute settlement pattern of "One Belt And One Road",based on "The Belt and Road" universal accept the ICSID,the investment court mode is not suitable in the practice of "Belt and Road" of China,improvement of existing investment arbitration to adapt to our national conditions is more appropriate.In general,the ISDS mechanism is in a period of change,it need to be updated to suit the development of modern international trade,more transparency,more professional personnel of arbitration and compensation mechanism are problems to be solved quickly,the Chinese have to do is follow the trend,makes a new system of international investment fair use on their own.