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Research On The Construction Of The "One Belt,One Road" International Invest Ment Dispute Settlement Mechanism

Posted on:2020-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:R Y SongFull Text:PDF
GTID:2416330572480918Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,with the further deepening of economic globalization,the economic exchanges between countries have become increasingly close,and international investment has become an important part of economic globalization.In the context of the development of global economic integration,in order to better promote international investment,promote regional economic and trade cooperation,build the “Silk Road Economic Belt” and “21st Century Maritime Silk Road”,and develop economic partnerships with countries along the route.It has become one of the important measures for China to promote the development of the world economy.As a result,China’s economic and trade exchanges with countries along the “Belt and Road” have become closer and deeper,and countries along the route have gradually expanded their economic openness and emancipated unprecedented vitality in the investment field.But at the same time,in the process of investment,the emergence of disputes is inevitable,and its number will gradually increase.The reasonable settlement of investment disputes concerns whether the “One Belt,One Road”initiative can be effectively implemented,and the construction of a scientific and convenient dispute resolution model will play a huge role in promoting investment and reducing investment risks.As the leader of the "Belt and Road Initiative" initiative,China should demonstrate the responsibility of the major powers,escort the development of the "Belt and Road",and at the same time play a role as a big country in the construction of the dispute resolution model.However,due to the huge differences in political systems,legal systems,and economic development along the“Belt and Road” countries,China’s foreign investment has great risks,and the existing bilateral investment agreements and regional investment agreement legislation are lagging behind.The existing international investment dispute settlement mechanism cannot deal with investment disputes with the characteristics of“Belt and Road” fairly and reasonably.This situation is seriously unfavorable for the further advancement of economic and trade cooperation between the parties.Therefore,it is necessary to learn from the existing investment dispute settlement mechanism and establish a “One Belt,One Road” investment dispute settlement mechanism based on the full consideration of the investment characteristics of the countries along the “Belt and Road” to promote cooperation,ensure investment and avoid risks.As a major capital exporting country under the “Belt and Road Initiative”initiative,it is also necessary for China to provide legal guarantees for the smooth implementation of the “Belt and Road Initiative” initiative at the level of international legislation and domestic legislation,and at the same time,to minimize the investment risks of Chinese investors.
Keywords/Search Tags:International investment, "one belt and one road", investment disputes between foreign investors and host countries, settlement mechanism
PDF Full Text Request
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