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The Exploration Of "One Belt And One Road" International Investment Dispute Settlement Mechanism

Posted on:2021-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y N ZhangFull Text:PDF
GTID:2416330602977145Subject:International Law
Abstract/Summary:PDF Full Text Request
Since the launch of the "One Belt And One Road" initiative,a series of remarkable achievements have been made in infrastructure,trade and cultural exchanges.providing a new opportunity for Chinese economic transformation and opening up a new path for international investment and trade."One Belt And One Road" has a wide range of coverage and connects Europe and Africa.Including Africa,the Middle East,central Asia and other international hot spots.There are political,legal,religious and economic risks in these regions,which may lead to the emergence of international investment disputes,hinder the construction,and directly affect the enthusiasm of enterprises for outbound investment.However,investment activities will lead to disputes,the new development path is full of risks and involves a long way to go.We should grasp the nettle and not give up eating for fear of choking.Then we should actively establish a long-term dispute settlement mechanism to resolve disputes.This paper will study the relevant legal issues of international investment disputes in order to explore effective dispute settlement methods.This paper firstly introduces the implementation results of the "One Belt And One Road" initiative and the three types of international investment disputes.Then analyzing the diversity and complexity of investment disputes in the current "One Belt And One Road"construction,as well as the non-institutional features of dispute settlement.Secondly,it studies the characteristics of WTO,ICSID and CAFTA,and analyzes and evaluates the disadvantages of these mechanisms.All the way because of the existing mechanisms can not apply to "area" under the investment disputes.Establish a dispute settlement mechanism is not only the inevitable demand for investment disputes solving area,all the developing countries is also involved in reshaping the international investment rules of the era of opportunity.Moreover,based on the platform support of "AIIB" and the importance of countries make it very realistic and feasible.Finally,this paper proposes to set up a special dispute settlement center by analyzing a mass of literatures and drawing on the successful experience of international dispute settlement institutions.To implement flexible and diversified dispute settlement methods based on consultation and mediation and focusing on arbitration.Innovative exploration of online settlement of international investment disputes.Establish the jurisdiction and the scope of the center.The paper discussed the transparency and the third party involved in issues of international concern.It proposes to explore the establishment of an appellate body to solve the problem of unfair arbitral awards.It is expected to push forward the construction process of "One Belt And One Road" investment dispute settlement mechanism as soon as possible.
Keywords/Search Tags:the Belt and Road, International dispute settlement mechanism, "One Belt And One Road "investment dispute settlement mechanism
PDF Full Text Request
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