Study On The Issue Of State Immunity In The Enforcement Of International Investment Arbitration Awards

The implementation of international investment arbitration award is an indispensable part in the process of investment dispute settlement.However,due to the implementation of the national exemption policy,there may be some obstacles in practical application.With the deepening of global economic integration,capital flows among countries are becoming more frequent,and disputes arising from investment among countries are also becoming more frequent.In order to promote the fairness,justice and transparency of international investment,the International Bank for Reconstruction and Development put forward the Washington Convention and established ICSID to solve the legal disputes between the contracting government and private investors from other countries in the field of international investment,improve the investment environment and promote the legitimate rights and interests of investors.In order to ensure the effective implementation of ICSID arbitration award,we should determine the scope of exemption and take effective measures to ensure that international investment disputes are properly handled and protect the legitimate rights and interests of investors and host countries.China’s total amount of foreign investment and global ranking are rising,and it ranks among the top in the world.However,China’s exemption status still continues the "absolute exemption" attitude adopted in the era of capital importing countries,in order to adapt to the new international recognition and better protect the rights and interests of foreign investors in China.This paper discusses the change of China’s exemption status and its related legal provisions.Internationally,the immunity from execution of ICSID arbitration award is complicated in the practice of various countries,and the theoretical circle has little research on this issue,and has not formed a set of systematic suggestions.Therefore,this paper analyzes the problems existing in state immunity in international investment arbitration award,discusses the reasons for the problems existing in state immunity in international investment arbitration award and puts forward some optimization suggestions.From the historical and current economic situation,China’s position on immunity can be changed to the attitude towards immunity theory,and legislation related to the implementation of immunity should be formulated,and a special institution should be appointed to take charge of ICSID’s arbitration decision,so as to deal with the implementation of immunity more appropriately and protect the interests of the state and foreign investors.The paper focuses on the application status of state exemption in international investment arbitration awards in this article,based on analyzing the relationship between the execution of arbitration awards and the application of national exemption,limitations on the scope of exemption in the context of enforcement immunity,and the exemption standards in the context of enforcement immunity.The article explains the current situation of applying state exemption in international investment arbitration awards,including issues such as applying state exemption in the context of the execution and enforcement of arbitration awards.The article also analyzes the issues of applying and enforcing state exemption in international investment arbitration awards.At the application level,these issues are mainly governed by national exemptions in international law,with inconsistent standards for enforcement immunity,which may have an impact limited in enforcement cases.At the execution level,this is mainly a complex issue regarding issues such as execution,procurement,and national enterprise property.The article also analyzes the reasons for applying state exemption in international investment arbitration awards.Finally,it proposes several suggestions for optimizing the application of state exemption in international investment arbitration awards.It suggests that China should adopt a national exemption law and that this will help improve the situation of applying state exemption in international investment arbitration awards and protect national interests.