中国与“一带一路”沿线国家BITs争端解决条款研究——以投资者与东道国争端为视角

A Study on Dispute Settlement Provisions in BITs between China and Other Countries along the Belt and Road: Focusing on the Disputes between Investors and Their Host Countries

"一带一路"是我国主动应对全球经济形势变化的重要决策。现实中,大多"一带一路"国家的经济发展与法治状况不佳,为中国投资者带来巨大利润空间的同时,也带来了各种风险和挑战。BITs是我国与"一带一路"国家最重要的投资协定形式,是保障我国海外投资利益的重要抓手。然而,由于我国BITs普遍签订较早、条款设计不够精细,因而与现实需求脱节。其中,投资者与东道国的争端解决条款存在的问题尤为突出,不利于我国投资者主张权益。双边投资条约中,争端解决条款对于维护投资权益具有决定性作用,因此本文在研究较为成熟的BITs争端解决条款及其实践的基础之上,对我国BITs争端解决条款的进一步改进、完善提出了相关建议。

The Belt and Road Initiative is a major decision China has made in response to global economic changes. In reality, most countries joining the initiative are relatively weak in economic development and rule of law. This not only provides Chinese investors with great profit margin but also brings them various risks and challenges. BITs （Bilateral Investment Treaties） are the most important type of investment agreement between China and other member countries and play a key role in protecting China＇s interests in making overseas investments. These treaties, however, lag behind the development of the reality because they were mostly signed at the initial stage of the initiative and the provisions are not well defined. Among the inadequacies, the most prominent one concerns the provisions for settling the disputes between the investor and the host countries, which is not good for Chinese invertors＇ assertion of their rights and interests. In BITs, the provisions for dispute settlement play a decisive role in protecting the investor＇s rights and interests. Therefore, in this paper we try to offer some suggestions for the improvement of such provisions on the basis of studying the relatively more mature dispute settlement provisions and their implementation in other parts of the world.