Research On The Development Of Investor-state Dispute Settlement Mechanism And China's Countermeasures From The Perspective Of CPTPP

The development of Investor-State Dispute Settlement(ISDS)is closely related to the increasing frequency of international investment activities.In order to effectively resolve investment disputes between international investors and host governments,the reduction of host country justice Or the administrative agency's tendency to favor or favor corruption in such disputes,the ISDS mechanism came into being.The institutions responsible for resolving such disputes are mostly third-party arbitral tribunals independent of foreign investors and host countries.Although the reformists represented by TTIP propose to replace arbitration by investment courts,the current mainstream model is still ICSID represents the investment arbitration model.Since the beginning of the 21 st century,with the acceleration of the integration process of globalization,international investment activities have entered a period of rapid development.No matter the scale or quantity of investment,it is not the same as the previous century.The disputes between foreign investors and host countries due to investment problems have gradually increased,and the corresponding dispute resolution mechanism has been continuously updated in terms of clause design.Manyinvestment agreements have made new regulations on dispute settlement mechanisms.In particular,after the new government took office,the United States resolutely withdrew from the negotiation process of the former Trans-Pacific Strategic Economic Partnership Agreement(TPP),and the remaining member states.After a period of negotiations,the choice of Japan-led,through the "Comprehensive Progressive Trans-Pacific Partnership"(CPTPP)continued the unfinished negotiations of the TPP,and finally in 2018 12 Officially signed and effective on the 30 th of the month,although CPTPP deleted one-third of the content based on the original TPP,it still retains and improves the relevant content of the ISDS mechanism.This also shows that many countries represented by Japan still recognize the positive role of investors-inter-State dispute settlement mechanism in resolving disputes between investors and host countries.The lack of US participation in CPTPP has some changes in the ISDS mechanism than the previous TPP agreement.These changes reflect the difficult reform of the international investment dispute settlement mechanism in the new situation and the CPTPP member states on the ISDS mechanism.The change of attitude and careful consideration of the terms.The entry into force of CPTPP indicates that Japan's ambition to try to dominate the Asia-Pacific economic and trade rules has also brought opportunities and challenges to the booming economy of China.In summary,in order to properly solve the above problems,the paper puts forward a good strategy.Based on the collection of Chinese and English literature data,this paper uses inductive argumentation,comparative argumentation,case study and other methods to the ISTP mechanism in CPTPP and the original TPP agreement.The content is compared in two ways,in order to solve the problem and solve many problems.This article consists of four chapters.The first chapter briefly introduces the ISDS mechanism in CPTPP,covering the background and content of the ISDS mechanism in CPTPP.The second chapter compares the content of the ISDS mechanism in CPTPP with the original TPP agreement,and summarizes the innovation of ISDS mechanism in CPTPP.The third chapter focuses on the problems of the ISDS mechanism in CPTPP,and proposes effective improvement measures.The fourth chapter analyzes the impact of the ISDS mechanism in CPTPP and the corresponding way in China,and analyzes the ISDS mechanism in CPTPP.Based on the impact,from the perspective of China,the correct way to deal with CPTPP is proposed.