Study On The Investor-State Dispute Settlement Mechanism Of The USMCA

The emergence and development of the Investor-State Dispute Settlement Mechanism is inextricably linked with the increasingly frequent international investment behaviors of various countries after World War II.All subjects of international trade and investment urgently need a fair and effective solution between foreign investors and host countries.approach to international investment disputes,so the Investor-State Dispute Settlement Mechanism came into being.The Investor-State Dispute Settlement Mechanism can effectively reduce the political or judicial interference of the host state in international investment disputes,greatly reduce the sovereign state’s interference with the impartiality of the dispute settlement results.It can also improve the efficiency of fair and reasonable settlement of investment disputes between investors and host countries.However,since the beginning of the 21 st century,the degree of global integration has been greatly improved,and the explosive development of international trade and investment activities has put forward higher new requirements for investor-state dispute settlement mechanisms.The dispute settlement mechanism in the corresponding international agreements has also been continuously reformed and innovated to meet the needs of higher levels of international investment.After the Trump administration of the United States came to power,it quickly promoted the negotiation and even the signing of the upgrade of the North American Free Trade Agreement to the United States-Mexico-Canada Agreement in just two years.On the basis of the signing,the newly elected Biden administration has further carried out a series of enforcement actions on the agreement.From the negotiation to the signing to the entry into force of the USMCA,the whole process reflects the concept of "America First",the value orientation of "Calvo Doctrine" and advanced negotiation and legislative techniques.Starting from the text of the USMCA,this paper focuses on the specific provisions of the Investor-State Dispute Settlement Mechanism under the USMCA,discusses its most distinctive national application and temporal application.At the same time,it further explores the reasons behind it and its advantages and disadvantages,and extracts negotiation and legislative techniques with reference value.In addition,this paper also gives a brief overview of my country’s current new achievements in international trade and investment.The "Regional Comprehensive Economic Partnership","China-Japan-Korea Free Trade Agreement" and "Comprehensive and Progressive Trans-Pacific Partnership Agreement" are typical representatives,which points out the great strategic significance of these agreements to my country,analyzes the problems existing in my country’s investor-state dispute settlement mechanism in international agreements.This paper also summarizes the opportunities and challenges my country is currently facing,and provides a series of feasible countermeasures in combination with the relevant arrangements of the USMCA,in order to provide valuable ideas for the establishment and improvement of my country’s subsequent investor-state dispute settlement mechanism and suggestions.