| On November 15 th,2020,after 8 years of negotiations,the 15 member st ates of the Regional Comprehensive Economic Partnership(RCEP)reached a m ilestone agreement.RCEP has become the largest free trade agreement in the world.In comparison to other agreements,RCEP has unique characteristics in t he construction of its dispute resolution mechanism,with a large number of co ntracting parties,greater flexibility,a focus on improving dispute resolution effi ciency,and granting greater autonomy to the contracting parties.Through the analysis of the background of the RCEP dispute settlement m echanism,the trial scope of the current RCEP dispute settlement mechanism,th e autonomy of the parties,and the role of the expert panel in the dispute settl ement,it can be seen that the RCEP dispute settlement mechanism has the cha racteristics of giving the parties great autonomy,high timeliness,and adopting a mixed model.The construction of the ISDS mechanism in RCEP should cont inue the characteristics of its dispute resolution mechanism.Due to the numero us contracting parties of RCEP and the emphasis on the autonomy of contracti ng parties,the traditional ISDS mechanism and its reform model cannot be full y applicable to RCEP.Moreover,the ISDS mechanism in the treaty signed bet ween the parties to the RCEP is complicated and fragmentation.In order to so lve the disputes between the parties,it is necessary to build its unique ISDS mechanism in the RCEP.The ISDS mechanism of RCEP should be forward-looking and innovative while being widely accepted by contracting parties.Looking at the mainstream ISDS mechanism in the world today,the negotiation and arbitration model in t he China Japan South Korea Trilateral Investment Agreement is the most suita ble choice for RCEP and is also the most easily accepted by RCEP contractin g countries.Analyze the advantages and adaptability of this model.On the bas is of negotiating and selecting the arbitration mode,combined with advanced r eform experience in the world,we boldly constructed an ISDS pre selective ap peal mechanism for disputing parties to form a consensus on the appeal mecha nism when submitting investment arbitration,and an ISDS trial transparency m echanism selected by the disputing party and reviewed by the arbitration institu tion.Its purpose is to entrust the parties involved in the dispute to choose cla uses in the RCEP that are difficult to reach consensus on the ISDS mechanis m,provide operability for the agreed text,help the parties reach consensus on the ISDS mechanism as soon as possible,and ensure the effective implementati on of the RCEP dispute resolution mechanism.At the same time,China should seize the opportunity of the ISDS mechan ism in RCEP,grasp the initiative and discourse power,participate in global go vernance,and voice the opportunities provided by China’s voice,integrate Chin ese concepts into the construction of the ISDS mechanism in RCEP,and streng then China’s legal theory in the field of dispute resolution. |
