国际投资仲裁的透明度问题研究
发布时间：2019-03-07 17:35
【摘要】：国际投资仲裁已成为解决国际投资争端的主要争端解决方式。长期以来,国际投资仲裁被指责缺乏透明度,导致过分保护外国投资者利益而忽略了东道国的公共利益,从而面临正当性危机。增加国际投资仲裁的透明度被认为是解决正当性危机的重要途径之一。 晚近国际投资仲裁透明度方面的讨论和发展主要集中在仲裁程序以及包括仲裁裁决在内的相关文件的合理公开和法庭之友的合理参与两方面。事实证明,增加国际投资仲裁透明度,将提高公众对国际投资仲裁的信任度,为解读东道国的投资政策提供参考,从长远来看更有利于形成完善的投资环境和健康的双边投资关系。 通过对国际投资争端解决中心、联合国国际贸易法委员会以及《北美自由贸易协定》等争端解决机制与规则在此领域的新发展进行剖析,本文将对透明度改革的深度和广度进行思考并提出建议。本文的论述将表明国际投资仲裁的透明度与秘密性存在冲突但可以并存;主张国际投资仲裁应当坚持以秘密性为原则同时需保有一定的透明度;并指出面对透明度改革的趋势,中国应当积极应对。
[Abstract]:International investment arbitration has become the main way to settle international investment disputes. For a long time, international investment arbitration has been accused of lack of transparency, resulting in excessive protection of the interests of foreign investors and neglect of the public interest of the host country, thus facing the legitimacy crisis. Increasing the transparency of international investment arbitration is considered to be one of the important ways to solve the legitimacy crisis. In recent years, the discussion and development of transparency in international investment arbitration mainly focused on the reasonable disclosure of arbitration procedures and relevant documents, including arbitral awards, and the reasonable participation of amicus curiae. It has been proved that increasing transparency in international investment arbitration will increase public confidence in international investment arbitration and provide a reference for understanding the investment policies of host countries, In the long run, it is more conducive to the formation of a sound investment environment and healthy bilateral investment relationship. Through the analysis of new developments in this area, such as the International Centre for the settlement of Investment disputes, the United Nations Commission on International Trade Law and the North American Free Trade Agreement, and other dispute settlement mechanisms and rules, This paper will think about the depth and breadth of transparency reform and put forward some suggestions. The discussion in this paper will show that the transparency and confidentiality of international investment arbitration are in conflict but can coexist, and that international investment arbitration should adhere to the principle of confidentiality at the same time to maintain a certain degree of transparency, while maintaining a certain degree of transparency in international investment arbitration. And pointed out that in the face of the trend of transparency reform, China should actively respond.
【学位授予单位】：外交学院
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.4
本文编号：2436311
[Abstract]:International investment arbitration has become the main way to settle international investment disputes. For a long time, international investment arbitration has been accused of lack of transparency, resulting in excessive protection of the interests of foreign investors and neglect of the public interest of the host country, thus facing the legitimacy crisis. Increasing the transparency of international investment arbitration is considered to be one of the important ways to solve the legitimacy crisis. In recent years, the discussion and development of transparency in international investment arbitration mainly focused on the reasonable disclosure of arbitration procedures and relevant documents, including arbitral awards, and the reasonable participation of amicus curiae. It has been proved that increasing transparency in international investment arbitration will increase public confidence in international investment arbitration and provide a reference for understanding the investment policies of host countries, In the long run, it is more conducive to the formation of a sound investment environment and healthy bilateral investment relationship. Through the analysis of new developments in this area, such as the International Centre for the settlement of Investment disputes, the United Nations Commission on International Trade Law and the North American Free Trade Agreement, and other dispute settlement mechanisms and rules, This paper will think about the depth and breadth of transparency reform and put forward some suggestions. The discussion in this paper will show that the transparency and confidentiality of international investment arbitration are in conflict but can coexist, and that international investment arbitration should adhere to the principle of confidentiality at the same time to maintain a certain degree of transparency, while maintaining a certain degree of transparency in international investment arbitration. And pointed out that in the face of the trend of transparency reform, China should actively respond.
【学位授予单位】：外交学院
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.4
【参考文献】
相关博士学位论文 前1条
1 石慧;以条约为基础的投资者与国家间仲裁机制的评判[D];华东政法学院;2007年
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