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The Legitimacy Crisis of Investment Treaty Arbitration and the Countermeasures

Author: LiangZuoHua
Tutor: DuZuo
School: Jilin University
Course: International law
Keywords: Investment treaty arbitration Legitimacy crisis Umbrella clause Joinder system Transparency requirements
CLC: D997.4
Type: Master's thesis
Year: 2010
Downloads: 122
Quote: 1
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Abstract


Investment treaty arbitration mechanism is the current investment disputes settlement mechanism specifically for the Settlement of Investment Disputes between investors and the host country provides a convenient solution for international development to create a favorable investment conditions . However, this mechanism exists in the actual operation has numerous drawbacks, such as the presence of severe physical unfair rulings lack of impartiality , lack the necessary consistency between the ruling lack of predictability and arbitral awards in the host country and the interests of investors to grasp when imbalances , etc. These disadvantages caused investment treaty arbitration legitimacy crisis . Faced investment treaty arbitration legitimacy crisis , China's need to focus on both developed countries such as the United States, Canada, to overcome the attempt, and I need to study in developing countries , such as Argentina 's predicament causes and response practices , combined with China 's specific national conditions and international investment practices form , careful study of countermeasures and contracting practices in the future be put to use and testing, and continuous improvement. Based on the concept of the nature of investment treaty arbitration interpretation of the current investment treaty arbitration , international investment performance legitimacy crisis and the international community to try to overcome the legitimacy crisis introduction , combined with China 's international investment facing the new situation , our proposed investment treaties concluded in the future , it should be to \

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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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