Study On The Settlement Mechanism Of Investor-state Dispute From The Perspective Under The "Belt And Road" Initiative

At present,with the development of international economy,the proportion of international investment behavior in international economic activities has increased year by year,and the impact on world economic development has also increased year by year.2018 coincides with the fortieth anniversary of China's reform and opening up.Over the past 40 years,China has made great achievements in introducing foreign capital.International investment activities have played an important role in promoting China's economic development.In recent years,China has constantly adjusted the specific strategy of introducing foreign capital,from the initial"import" to the present "import,but also go out" to go hand in hand.As the world's largest capital importer,China has gradually become one of the world's largest capital exporters.In particular,in September 2013 and October,President Xi Jinping put forward the strategy of"Silk Road Economic Belt" and "twenty-first Century Maritime Silk Road" respectively.In the field of international investment,international investment activities between China and the countries along the "belt and road" have been greatly promoted.As of March 6,2019,123 countries and 29 international organizations have signed 171 cooperation documents with China.While the development of investment activities among countries in the region is greatly developing,it will inevitably bring more and more investment disputes,and investment disputes can not be properly resolved,which will inevitably affect investment activities and do not agree with the original intention of China's strategy of "one belt and one road".The existing bilateral investment agreements,regional trade agreements and multilateral investment treaties,as well as the international investment disputes institutions and mechanisms established on this basis,still have many shortcomings and can not solve international investment disputes fairly and efficiently.Taking the construction of the international investment dispute settlement mechanism under the background of "one belt and one road" strategy as the topic,this paper aims at perfecting the existing international investment dispute settlement mechanism in the region,and puts forward some institutional innovations and puts forward some superficial opinions.This paper is divided into five chapters besides introduction and conclusion.The first chapter is the introduction,which mainly elaborates the purpose and significance of this topic,and introduces the current research situation and the research methods adopted in this paper.The second chapter mainly introduces the background of the strategy of "one belt and one road",and then analyzes its impact on the settlement mechanism of international investment disputes.The third chapter focuses on the status quo of the international investment dispute settlement mechanism in the "one belt and one road" area.It points out that there are many defects in the international investment dispute settlement mechanism established by the existing bilateral investment agreements and regional trade agreements,or the ICSID,WTO,ECT and other other international dispute settlement institutions established through multilateral international investment treaties.It is necessary and feasible to construct an international investment dispute settlement mechanism.The fourth chapter mainly introduces and analyzes other major regional international investment dispute settlement mechanisms,such as NAFTA investment dispute settlement mechanism,TPP investment dispute settlement mechanism and EUP investment dispute settlement mechanism,and puts forward a reference for the construction of the international investment dispute settlement mechanism in the "one belt and one road" area.The fifth chapter is the core content of this article,mainly from the reform and improvement of the existing investment dispute settlement mechanism in the "one belt and one road" area,and the innovation of the specific system of the "international investment dispute settlement mechanism".In view of the reform and improvement of the existing investment dispute settlement mechanism in the "one belt and one road" area,the author puts forward some suggestions from the following aspects:the introduction of the mandatory negotiation procedure,the introduction of the reasonable mediation procedure,the introduction of the existing international arbitration mechanism,and the establishment of the investment dispute settlement center along the way.From the perspective of the innovation of the specific system of the "one belt and one way" international investment dispute settlement mechanism,the author further proposes that the exhaustion of local relief should be used as a preposition procedure,an investment policy review system,an appeal body setting,a Transparency Clause for improving the dispute settlement mechanism,and an auxiliary implementation of Asian investment bank,in order to build a new international investment dispute settlement mechanism in the region.Innovative suggestions on specific systems and program design for unified institutions.