Research On The Sanctions Mechanism Of Aiib From The Perspective Of International Administrative Law

The sanctions mechanism of AIIB aims to ensure that the financial support of AIIB can meet its stipulated goals and ensure that its investment projects can achieve their due effects.The AIIB has made special regulations on its sanctions mechanism,which are mainly reflected in the AIIB Policy on Prohibited Practices and the AIIB Directive on Policy on Prohibited Practices.The AIIB Articles of Agreement can be regarded as the legal source of the sanctions mechanism of AIIB.In addition,the AIIB also has other normative documents responding and supporting to the sanctions mechanism.The AIIB Articles of Agreement which the sanctions mechanism of AIIB established in accordance with,belongs to the category of the international law.The AIIB Policy on Prohibited Practices and the AIIB Directive on Policy on Prohibited Practices and the others are internal laws of AIIB.The legal nature of the internal law of international organizations has always been a controversial issue.The internal law of AIIB has legal attributes.However,under the international law theory system of today’s international society,it is still impossible to give an accurate positioning of the internal law of AIIB.The legal nature of the multilateral development bank’s sanctions mechanism is also constantly questioned by various circles.The sanctions mechanism of AIIB has the administrative and quasi-judicial nature of public power exercise,but there is no clear international law provisions to support this nature.The relationship between the international law and the domestic law is the basic problem of traditional theories of international law.Although the current international practices,such as non-state actors widely participate in international affairs,has broken the traditional international law monism and dualism,the current theory system of international law is still dominated by monism and dualism,which makes the AIIB sanctions mechanism face a certain development dilemma under the traditional theory system of the international law.The theory of international administrative law provides new solutions to the questions and dilemma faced by the sanction mechanism of AIIB.The sanction mechanism of AIIB and the international administrative law theory are based on the concept of global governance.The global governance theory will play a great role in promoting the development of international administrative law,and the international administrative law theory is also conducive to achieving the goal of good governance of global governance.The theory of international administrative law has long been practiced in the international community,and it can be defined as the general term of legal norms regulating international administrative relations in the context of global governance.The sanction mechanism of AIIB has obvious administrative regulation characteristics and the public law attribute of international administrative law.Moreover,it embodies a public law adjudication method to resolve disputes between AIIB and private subjects and has certain public law adjudication.The CEIU of AIIB,which exercises the sanction function of AIIB,forms part of the global governance structure in the sanction mechanism of AIIB and has the status of international administration.The international administrative regulation form of AIIB is the administration of official inter-governmental international organizations.The sanctions mechanism of AIIB mainly performs the functions of international administrative supervision and international administrative penalty,and it has the attribute of international administrative management.The theory of international administrative law has a strong correspondence with the sanctions mechanism of AIIB,so it can be applied to the development of the sanctions mechanism of AIIB.The international administrative law can correct the legality of the sanctions mechanism of AIIB,including the political legality and the international mechanism legality.