“一带一路”与投资争端解决机制创新——亚投行的角色与作用

"The Belt and Road" and Innovation of Investment Dispute Settlement Mechanism:the Role and Effect of AIIB

"一带一路"战略正深人推进,投资争端引发的矛盾也日益凸显。面对新形势,固有投资争端解决机制存在的弊端已完全暴露,无法满足"一带一路"建设的实际要求。同时,亚洲已成为全球直接投资的首选区域,但中国在"一带一路"沿线国家却出现了大量失败的投资项目。基于此,为妥善解决可能由"一带一路"项目投资争端引发的争议,应尽快建立以亚投行为主体的投资争端解决机制。在该机制的实体规则构建中,需要充分考虑沿线国家的司法体制与环境,物化命运共同体理念,将沿线区域内我国国有企业与东道国之间发生的投资争端作为解决突破点,以期增强各方合作信任感,提升国际投资领域的话语权。

With the deepening of the Belt and Road Initiative,investment disputes caused by the contradiction have become increasingly prominent.In the face of the new situation,the inherent drawbacks of the existing investment dispute settlement mechanisms have been completely exposed,thus they can’t meet the actual requirements of“The Belt and Road”.At the same time,Asia has become the preferred region of global direct investment,but China has faced a lot of investment failure in countries along the Belt and Road.Based on this,in order to properly solve the dispute caused by the investment on“The Belt and Road”project,the investment dispute settlement mechanism should be established as soon as possible.In the substantive rules of the mechanism,it is necessary to take into account the judicial system and environment of the countries along the line,take the investment disputes between our state-owned enterprises and enterprises of host countries along the Belt and Road as a breakthrough.China should enhance the trust and cooperation of partners and promote discourse right in international investment.