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The Establishment Of An International Trade Dispute Settlement Mechanism Under The Background Of The “Belt And Road” Initiative

Posted on:2021-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:H H NieFull Text:PDF
GTID:2436330623971485Subject:International Law
Abstract/Summary:PDF Full Text Request
The “Belt and Road” policy traces its roots to China,and vested interests benefit many countries along the route.However,based on the differences between various countries’ legal systems,legal environments,and other factors,the integration and collision of interests will inevitably lead to conflicts and contradictions.In the field of international trade,trade disputes frequently occur.Therefore,the establishment of an international trade dispute settlement mechanism in this context is not only a problem that China urgently needs to resolve,but also an international topic facing the international community.This article consists of four parts,including the importance of constructing an international trade dispute settlement mechanism in the context of the “Belt and Road”,the normative analysis of mode selection,the reference and applicability analysis of established mechanisms,and the suggestions for relevant procedures and rules.First of all,the background reason and practical significance of the establishment of a specific dispute settlement mechanism are clarified by a general overview and logical basis analysis of the types and characteristics of disputes in this context.Secondly,a theoretical analysis is made by combining the development trend of the rule of law and trade liberalization in the current process of international social development,and the impact of this trend on the choice of dispute settlement mechanism;and through different dispute settlement methods and different Introduce the types of dispute settlement mechanisms and their advantages and disadvantages,and make a selective analysis of the specific application model of dispute settlement in this context.Furthermore,the analysis of the different dispute settlement mechanisms under the three special attributes of the current national,regional and global levels highlights its specific composition and applicable characteristics,and emphasizes the importance of trade disputes in the special context of the “Belt and Road”.The reason and basis for direct application,and the experience and significance that can be used when it is not applicable.Finally,through general and negative argumentation,general recommendations are made for the establishment of an international trade dispute settlement mechanism in this context,and the basic legal principles that such mechanisms should follow and must not be violated during the construction process are discussed,and dispute settlement is discussed.The comprehensive approach,the type of regional mechanism and its effectiveness thatshould be selected in the model,elaborates the main measures of the dispute system in terms of rule construction,institution setting,conflict coordination and specific implementation in order to effectively resolve the trade between the countries along the route.The move to build an international trade dispute settlement mechanism in the context of the “Belt and Road” is the general trend of trade development,and it is also an extension and extension of the scope of the dispute settlement mechanism in the international field.The narratives of relevant theories by international law scholars cannot just rest on the construction of the institutional framework.We must carefully consider the feasibility of constructing an international trade dispute settlement mechanism in this context in order to better serve the practice of dispute settlement and plan ahead.
Keywords/Search Tags:“Belt and Road”, international trade, dispute settlement mechanism, mode selection, construction
PDF Full Text Request
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