Research On International Investment Dispute Settlement Mechanism Under The Background Of The "the Belt And Road"

The initiative not only benefits the development of the economic system of the countriesalong the Belt and Road,but also deepens the ties among them,which is most evident in thefield of investment.Since the "the Belt and Road" involves many countries along the line,and the political,economic,cultural,legal systems and other aspects of each country are uneven,with strong differences,investment disputes also arise.However,the existinginvestment dispute settlement mechanism is not a good solution to investment disputes.It has many problems,such as the lack of transparency of arbitration hearing,the lack of effectivesupervision system of award,high litigation costs,incomplete appeal mechanism,etc.which can not be well integrated with the investment characteristics in the context of the "the Belt and Road" to effectively resolve investment disputes.As the initiator of the "the Belt and Road" initiative and an important hub in the investment field of countries along the line,it is imperative for China to establish a dispute resolution mechanism that conforms to the investment characteristics of the "the Belt and Road" context.Obviously,the establishment of an exclusive mechanism is the top priority in resolving disputes,which is also of more profound significance for the investment and development of China and countries along the line.Based on this difficulty,this thesis focuses on the following four parts.The first part analyzes the investment development status of countries along the "the Belt and Road" and the causes and characteristics of disputes.Both the foreign direct investment and foreign investment of the countries along the line are increasing year by year,and the exchanges between countries along the line are becoming closer and closer,resulting in disputes.The "the Belt and Road" investment dispute is different from the characteristics of international investment disputes,and its dispute characteristics have strong particularity;The second part analyzes the current situation of the existing international investment dispute settlement mechanism in the context of the "the Belt and Road".It mainly elaborates the relevant concepts,rules,advantages and disadvantages of ICSID,WTO and BITs dispute settlement mechanisms.These three mechanisms are also mechanisms that are widely used by countries along the "the Belt and Road";The third part analyzes the implementable conditions for the construction of the "the Belt and Road" investment dispute settlement mechanism.This part elaborates on the differences in politics,economy,culture and law of countries along the line,and the fact that the existing mechanism is not fully applicable to the settlement of investment disputes along the "the Belt and Road",indicating the urgent need to build an exclusive mechanism.It also elaborates on the feasibility of building an exclusive mechanism from the aspects of building the foundation and reaching consensus on the reform of the existing mechanism;The fourth part,based on the background and characteristics of the "the Belt and Road" and the commonness of each country along the line,proposes to create an arbitration mechanism dedicated to the settlement of international investment disputes along the "the Belt and Road" and build an international investment court in the context of the "the Belt and Road".Put forward the construction ideas,value objectives and preliminary institutional measures for the establishment of the exclusive arbitration mechanism and the International Investment Tribunal.Strive to make modest contributions to the economic development of countries along the "the Belt and Road" and the construction of the investment dispute settlement mechanism.