| Since the "Belt and Road" initiative was put forward in 2013,it has received extensive attention.By March 8,2019,123 countries had signed the "Belt and Road" document with China,and the Belt and Road Initiative had received the support of more than half of the countries in the world.Over the past six years,more and more countries have paid attention to and supported the "Belt and Road" initiative,which shows that the initiative brings common development opportunities to all countries and is recognized by the international community.With the increasingly frequent economic exchanges between countries,international investment has also become an important link of economic cooperation among countries along the Belt and Road Initiative.However,as the investment field is active,the number of disputes in the investment process is also increasing.Under the background of the new era,these disputes will inevitably lead to a higher demand from the international community for the fair and reasonable.The attractiveness of different countries to foreign capital is high or low,and the domestic investment environment is also different.These differences increase the investment risk of countries along the route,will be very unfavorable to international investment activities,and even aggravate the international investment disputes under the initiative.In order to promote the "Belt and Road" construction,so that the countries under the initiative can enjoy common development opportunities,it is necessary to take the international investment dispute seriously and solve the dispute problem reasonably.The international investment dispute under the "Belt and Road" proposal has its own special features.It is no longer appropriate to use the existing international investment dispute settlement mechanism to resolve the investment dispute under these new times,and it will even aggravate the complexity of the dispute.The call for the con struction of Belt and Road Initiative's international investment dispute settlement mechanism is increasingly high,which is the inevitable requirement to establish a good investment order.This paper studies the construction of this mechanism in the hope of properly resolving the international investment dispute under the "Belt and Road" initiative.In addition to the introduction and the conclusion,this paper is divided into four parts.First,address the "Belt and Road" and international investment disp utes,and introduce the causes and main characteristics of foreign investors and host country investment disputes under the "Belt and Road" Initiative;and secondly,from host country legislation,The bilateral investment treaties and the multilateral investment treaties angle the current status of the legal application of the international investment dispute settlement under the "Belt and Road" initiative,and analyze the focal point of the typical case dispute in the practice;and thirdly,A brief introdu ction to the typical mechanism and a review of their respective advantages and disadvantages;and fourthly,the search for interests in common with the countries under the "Belt and Road" initiative On the basis of the above,from the aspects of basic principles,jurisdiction scope and concrete measures,the author puts forward some suggestions on the construction of international investment dispute settlement mechanism under the proposal of "Belt and Road" Initiative.Compared with other research materials,the innovation of this paper is to consider the causes and characteristics of international investment disputes between foreign investors and host countries under the initiative,and to introduce the current legal application of international investment dispute settlement under the initiative from several perspectives.On the basis of the analysis of the existing international investment dispute settlement mechanism,this paper provides some suggestions for the construction of the international investment dispute settlement mechanism under the proposal of "Belt and Road" Initiative. |
PDF Full Text Request