Legal review on investor-state dispute settlement under TPP

Research on Modern Higher Education

Lixiao Fu Law School¹ 

关键词:   ISDS;    Trans-Pacific partnership;    arbitration;   

DOI  :  10.24104/rmhe/2017.02.02003

学科分类：社会科学、人文和艺术（综合）

来源: Asian Academic Press Co Limited

【 摘 要 】

Investor-state dispute settlement (“ISDS”) is an instrument of public international law, which grants an investor the right to use dispute settlement proceedings against a foreign government. Though, there are pros and cons in ISDS under Trans-Pacific Partnership, which is originated from international treaties and practice of U.S. However, ISDS under Trans-Pacific Partnership has some innovations compared with the original ISDS. This paper first briefly introduces ISDS under Trans-Pacific Partnership and does a theoretical analysis of ISDS, then makes comparison between ISDS under Trans-Pacific Partnership and other dispute settlement mechanism to find new international investment standard, finally considers China should make a comprehensive research on ISDS and other TPP clauses so that reform measures to promote international investment could be taken.

【 授权许可】

CC BY-NC