论WTO争端解决机制与ICSID的关系

The Relationship between ICSID and WTO Disputes Settlement System

ICSID体制和WTO争端解决机制是两种不同的机制。在解决国际投资争端的种类、管辖权性质、时限、适用法律、执行机制等方面二者确有不同,但不能笼统地概括二者有优劣之分。在当前国际投资法制的环境下,二者互相补充才能适应国际投资自由化发展的要求。

ICSID system and WTO disputes settlement system are two different systems. The differences are reflected in the field of solving various disputes of international investment, the nature of juris- diction, time limits, the adoption of laws as well as applying systems. However, it is difficult to compare which system is better than another. Under current legal frame of international investment, it is better to emphasize the complementary of each other in order to meet the requirment of the free development of international investment.