The Research On Investor-State Dispute Settlement Mechanism In CETA

The Investor-State Dispute Settlement Mechanism(ISDS)is an important part of an international investment agreement or a trade agreement involving investment.It allows investors to bypass the host country's own legal system and directly violate the host country.The treaty and even the contractual obligation to bring about international arbitration are aimed at promoting the settlement of investment disputes from politicization to legalization.They have played an important role in solving the problems of property collection and capital transfer of multinational enterprises.With the further deepening of economic globalization and the increasing trend of investment liberalization,the total amount of foreign investment in the world has risen rapidly,and the investment dispute between private investors and host countries has gradually increased.The ISDS mechanism is in the process of resolving investor and host country investment disputes.The internal defects are increasingly exposed,such as inconsistent arbitral awards,lack of independence and impartiality of arbitrators,lack of supervision and correction mechanisms,causing problems such as investors' indiscriminate complaints,the private interests of investors and the imbalance of public interest protection in the host country.Therefore,the international community is trying to reform and restructure the ISDSmechanism,and the EU and Canada have made bold attempts to sign this through regional agreements.The European Union and Canada reached the Comprehensive Economic and Trade Agreement Between the EU and Canada(CETA)in October 2016.In the investment chapter,the ISDS mechanism was significantly adjusted to change the tradition.Based on the provisional arbitration system,the ISDS mechanism has established a new set of investment court system consisting of a permanent investment court and an appeal court,and has implemented a series of reforms in the entity and procedure to improve the ISDS mechanism.Make bold attempts to strengthen the consistency of the ruling,standardize the investor's right to appeal,and strengthen the protection of the host country's regulatory power.At a time when the international community is fiercely discussing how to reform the ISDS mechanism,this major reform of CETA is eye-catching and represents a new trend in the development of ISDS rules.Due to the economic status and regulatory voice of the EU and Canada in the world,the innovation of entities and procedures in the investment rules established by CETA will have an important impact on the evolution of future investment rules.In view of this,this paper takes the ISDS rules in the CETA investment chapter as the research object,compares and analyzes its contents and characteristics,and discusses its remaining problems by comparing with the ISDS rules in other internationalinvestment agreements,in order to explore its future ISDS rules.The possible impact of development has led to a number of recommendations for improving China's ISDS rules.This article will examine the CETA investor and host country dispute resolution mechanisms from the following four sections:The first part is the basic theory of CETA and investor-host dispute settlement mechanism.On the basis of exploring the emergence and characteristics of CETA and analyzing its important role,the basic content of CETA investors and host country dispute settlement mechanism is examined.The second part is the analysis of the rules of the dispute settlement mechanism between CETA investors and host countries.Based on the in-depth analysis of CETA's investment court system,appeal mechanism,negotiation and mediation system and other rules and procedures,and evaluation of its innovation.The third part is the flaw of the CETA investor and host country dispute settlement mechanism.Although CETA provides targeted reform measures for the problems of the traditional ISDS mechanism,it does not mean that this reform plan is perfect.It should pay attention to the issue of the rationality and feasibility of the investment court system.This part compares with the ISDS rules in TTIP,TPP and NAFTA to analyze its shortcomings and legacy defects in the design of the appeal mechanismrules,the investment court mechanism,and the protection of the host country's regulatory rights.The fourth part is the enlightenment of CETA investors and host country dispute settlement mechanism to China.As a two-way investment country,China will face more and more investment disputes in the future.How to improve China's ISDS rules system should be the focus of attention.This paper combines the shortcomings of the ISDS rules in the international investment agreements signed by China,and draws on the author's opinion on what position China maintains in the protection of national regulatory rights and the establishment of appeal mechanisms by referring to and referring to CETA,and signing an international investment agreement with China.And how to design and propose your own recommendations when upgrading existing agreements.