Open AccessReform Trend of Investor-State Dispute Settlement in International Investment
Author(s) -
Bowen Liu
Publication year - 2022
Publication title -
asian journal of social sciences studies/asian journal social science studies
Language(s) - English
Resource type - Journals
eISSN - 2424-9041
pISSN - 2424-8517
DOI - 10.20849/ajsss.v7i2.1006
Subject(s) - legitimacy , investor state dispute settlement , context (archaeology) , mechanism (biology) , sovereignty , china , order (exchange) , state (computer science) , investment (military) , law and economics , economics , business , political science , international investment , law , foreign direct investment , finance , politics , paleontology , philosophy , epistemology , algorithm , computer science , biology
The reform of Investor-State Dispute Settlement (hereafter "ISDS") is a bellwether for the reform of the international investment dispute settlement mechanism, this paper about the ISDS mechanism reform finds the root cause of ISDS mechanism reform comes from the national sovereignty and the interests of the investors under the conflict of "crisis of legitimacy” Based on the" legitimacy" crisis, the ISDS mechanism has many problems. In this context, countries have started to reform the ISDS mechanism in order to solve the corresponding problems. These reform measures have three typical trends, Facing the three trends of ISDS mechanism reform, Chinese scholars put forward countermeasures from various angles, but fundamentally China should recognize its own position in international investment, be realistic and adopt a flexible way to deal with ISDS mechanism reform, and try best to contribute to ISDS mechanism reform.