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Research On The Construction Of Investment Dispute Settlement Mechanism For "Belt And Road" Participants

Posted on:2019-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y X ZhangFull Text:PDF
GTID:2416330545964830Subject:legal
Abstract/Summary:PDF Full Text Request
"Belt and Road" refers to "Silk Road Economic Belt" and "21st Century Maritime Silk Road".Since chairman Xi put forward the"Belt and Road",it has gained more and more positive responses and extensive support in the international community.As of September 2017,74 countries and international organizations have signed a "Belt and Road" collaboration document with China,becoming a "Belt and Road" participant.The"Belt and Road" has many participants.The area covered is the first economic corridor in the world and the best economic cooperation area in the world.The "Belt and Road" has brought closer the economic and trade exchanges between various parties,both in depth and frequency.However,there are differences in the degree of economic development,political system,and legal system among the "Belt and Road"participants.The growth of international investment will inevitably trigger a series of international investment disputes.If disputes arising in the investment process cannot be handled in a timely manner,it will not be conducive to the"Belt and Road" to further promote.This paper analyzes the necessity of establishing the investment dispute settlement mechanism of the participants in "Belt and Road" initiative from the investment status among "Belt and Road" initiative and the shortcomings of the existing domestic and international investment dispute settlement mechanism.Based on this,the point is made that the participants in the "Belt and Road" build their own investment dispute resolution mechanism.In the process of constructing the "Belt and Road" participants' investment dispute resolution mechanism,this paper first elaborates the basic concepts that should be followed in the construction of the "Belt and Road" participants' investment dispute resolution mechanism,including the particularity of the "Belt and Road",balancing the interests of the "Belt and Road" participants and the host country,and paying attention to the transparency of the dispute settlement mechanism of the"Belt and Road" participants.Then,it puts forward specific institutional suggestions on the establishment of organizational structure,application of law,jurisdiction and other relevant procedures in the investment dispute settlement mechanism.Finally,the author analyzes the measures that China should take to deal with the construction of investment dispute settlement mechanism of "Belt and Road" participants.Through the above-mentioned aspects,this paper proposes a mechanistic concept for the settlement of investment disputes between the "Belt and Road" participants,with a view to "Belt and Road" participants' investment dispute resolution mechanism can be successfully constructed to better serve the "Belt and Road".
Keywords/Search Tags:"Belt and Road", Dispute Resolution Mechanism, Law Application, Jurisdiction
PDF Full Text Request
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