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Research on the Transparency of Investor-state-arbitration

Author: LuoZuo
Tutor: GaoHua
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Investor-state Arbitration The transparency of arbitration The privacy of arbitration Methanex Friend of the court
CLC: D997.4
Type: Master's thesis
Year: 2013
Downloads: 13
Quote: 0
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Abstract


Since Treaty-based Investor-state Arbitration has been used,privacy has been considered to be natural property of arbitration. The latest, as economic develops,especially developing countries have been more and more as investors,the public question the privacy of Treaty-based Investor-state Arbitration.The majority of people think Treaty-based Investor-state Arbitration ignore the interest of host country because of interest orientation,damage human right of host country and then people suspect the Justification of Treaty-based Investor-state Arbitration. Transparency appears as people suspect Treaty-based Investor-state Arbitration.The research shows that the transparency should be achieved through three methods:trial open and a participation of third party and the disclosure of relevant arbitration paperwork. Privacy is not absolutely opposing to transparency. Privacy is also the main character of Treaty-based Investor-state Arbitration,we should reservation privacy and then use transparency protect the public interest and human rights.The short term, the principle of transparency have a bad impact on the host country to attract foreign investment. The long term,transparency should improve invest environment then attracting foreign investment.The article analysis the logic relationship between privacy and transparency,as a result the relationship is conflicting and coexists.Then find the importance of transparency through analysis public interest, human rights, Corporate social responsibility,democracy. As we know other countries’attitude about transparency, follow up recent developments in international organizations,based on the fact of china, forecast the direction of economic develop in the future,make several recommendations to china.

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CLC: > Political, legal > Legal > International law > Private international law > International Commercial Arbitration and the International Maritime Law
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