Title Page
ABSTRACT
Contents
CHAPTER ONE INTRODUCTION 10
1.1. Significance of the study 10
1.1.1. Practical significance 10
1.1.2. Theoretical significance 11
1.2. Method of the study 12
1.3. Issues of the study 13
1.4. Background and Basic Concepts of International Investment Disputes in the Construction of "One Belt, One Road" 14
1.4.1. The concept and characteristics of international investment disputes 14
1.4.2. International Investment Dispute Resolution 17
1.4.3. The Belt and Road Initiative 19
1.4.4. New Issues of Investment Dispute Settlement in the Context of "One Belt, One Road" 22
CHAPTER TWO Experience with international investment dispute settlement mechanisms under the international community 29
2.1. International Centre for Settlement of Investment Disputes ("ICSID") 30
2.1.1. ICSID Dispute Resolution Mechanism Overview 30
2.1.2. Evaluation of the ICSID Dispute Resolution Mechanism 33
2.2. EU's Multilateral Investment Court 35
2.2.1. Overview of the EU's Multilateral Investment Court 35
2.2.2. Evaluation of the EU's Multilateral Investment Court 35
2.3. WTO Dispute Settlement Mechanism 37
2.3.1. Overview of WTO Dispute Settlement Mechanism 37
2.3.2. Evaluation of the WTO Dispute Settlement Mechanism 39
2.4. Other international investment dispute resolution mechanisms 43
2.5. Deficiencies of the existing investment dispute settlement mechanism 44
2.5.1. Incomplete coverage area 45
2.5.2. Lack of fairness 46
2.5.3. The high cost of arbitration and litigation 48
2.5.4. Difficulties in implementation 49
CHAPTER THREE Case study on Agreement Relating to Belt and Road Policy 51
3.1. The necessity and feasibility of case study and applicable formulation 52
3.2. A Study of Existing Related Belt and Road Legal Treaties 57
3.2.1. Domestic Laws and Regulations 57
3.2.2. Bilateral Investment Treaty (BIT) 58
3.3. Specific Case 61
CHAPTER FOUR Problem Analysis and Suggestions for Case Studies of "One Belt, One Road" Policy-Related Agreements 107
4.1. Problem Analysis for Case Studies of "One Belt, One Road" Policy-Related Agreements 107
4.1.1. Conflict of laws in the construction of "One Belt, One Road" will be highlighted 107
4.1.2. Issues of Recognition and Enforcement of Foreign Civil and Commercial Judgments 108
4.1.3. Difficulties in the application of actual judicial practice and lack of uniformity in the application of international law 110
4.2. Suggestions for Case Studies of "One Belt, One Road" Policy-Related Agreements 111
4.2.1. Use of the principle of party autonomy and the principle of priority of the validity of international treaties to resolve conflicts of law application 111
4.2.2. Respect for party autonomy is the core to solve investment disputes 114
4.2.3. "Internet+Trial"and opens up a new way to efficient settlement of foreign-related cases 117
4.2.4. Use appropriate and flexible mediation methods to improve judicial efficiency 118
4.2.5. Creating a Quality Rule of Law Environment in the Pilot Free Trade Zone 123
4.2.6. Respecting Parties' Willingness to Arbitrate and Promoting Internationalization of Arbitration 125
4.2.7. Ensure the smooth and orderly flow of the Maritime Silk Road 126
4.2.8. Effective implementation of judicial assistance agreements Recognition and enforcement of foreign civil and commercial judgments in accordance with law 127
4.2.9. Typical cases published on domestic and foreign websites 139
Conclusion 141
REFERENCES (BIBLIOGRAPHY) 145