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《Wuhan University International Law Review》 2018-02
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The Construction of Investor-State Dispute Settlement Mechanism under“The Belt and Road”Initiative

SHI Jingxia;DONG Nuan;  
With the implementation of "The Belt and Road" Initiative,mutual investment becomes increasingly frequent between countries along the route and China. While considering the high investment risks in countries along the route, it is necessary to construct the Investor-State Dispute Settlement Mechanism. Based on current bilateral, multilateral and regional arrangements, this paper suggests a multiple dispute settlement mechanism containing compulsory consultations, voluntary mediation, arbitration and litigation. Meanwhile, it is also necessary to broaden the scope of disputes accessible to arbitration, design diverse transparency standards for varied dispute settlement procedures and optimize the designation and ethical standards of arbitrators or mediators. As the initiator of "The Belt and Road" Initiative, China should also take active response,which may involve improving Chinese Arbitration Law and BITs signed with countries along the route to satisfy the need of dispute settlement in "The Belt and Road" Initiative, and ensuring the effective enforcement of arbitral awards and settlement agreements as well.
【Fund】: 石静霞教授作为课题首席专家承担的2017年度国家社会科学基金重大项目“一带一路倡议与国际经济法律制度创新研究”(项目批准号:17ZDA144)的阶段性研究成果
【CateGory Index】: D996.4
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