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THE REFORM AND DEVELOPMENT OF THE INVESTOR-STATE DISPUTE SETTLEMENT MECHANISM

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Volume 1, Issue 1, pp 1-13

Author(s)

Li Feng

Affiliation(s)

Shanghai University of International Business and Economics School of Law, Shanghai, China.

Corresponding Author

Li Feng

ABSTRACT

Investment arbitration, which is the dominant method of investment dispute settlement, is being questioned and criticized. The international community is actively exploring the improvement and innovation of the investment dispute settlement mechanism. On the one hand, it is reflected in the judicialization of rigid settlement methods of investment disputes, and on the other hand, it is reflected in the standardization of flexible settlement methods of investment disputes. The diversified development of the investment dispute settlement mechanism is in line with the open and inclusive spirit of the "Belt and Road" initiative. In view of the difficulties in the short term for countries along the “Belt and Road” to discuss and build specialized investment dispute settlement institutions, China should respond to the innovation and development of the international investment dispute mechanism while providing Chinese solutions that meet the needs of the “Belt and Road” construction. Brazil's investment dispute prevention mechanism, establish and improve the investment dispute prevention center; try to establish an international investment court based on the International Commercial Court of the Supreme People's Court; refer to the experience of ICSID under the World Bank, and promote the participation of the Asian Infrastructure Investment Bank in its financing infrastructure Settlement of project investment disputes.

KEYWORDS

Investment dispute settlement mechanism; "One Belt, One Road" initiative; China's choice.

CITE THIS PAPER

Li Feng. The reform and development of the investor-state dispute settlement mechanism. World Journal of Sociology and Law. 2023, 1(1): 1-13.

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