Discussion on the Participation of Domestic Courts and Its Legal Response in the Overall Governance of International Investment Disputes
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Discussion on the Participation of Domestic Courts and Its Legal Response in the Overall Governance of International Investment Disputes
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JOURNAL OF UNIVERSITY OF JINAN (Social Science Edition)Vol. 32, Issue 3, Pages: 156-164(2022)
作者机构:
大连海事大学 法学院,辽宁 大连 116026
作者简介:
基金信息:
DOI:
CLC:D99
Published:15 May 2022,
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Xingguo CAO. Discussion on the Participation of Domestic Courts and Its Legal Response in the Overall Governance of International Investment Disputes. [J]. JOURNAL OF UNIVERSITY OF JINAN (Social Science Edition) 32(3):156-164(2022)
DOI:
Xingguo CAO. Discussion on the Participation of Domestic Courts and Its Legal Response in the Overall Governance of International Investment Disputes. [J]. JOURNAL OF UNIVERSITY OF JINAN (Social Science Edition) 32(3):156-164(2022)DOI:
Discussion on the Participation of Domestic Courts and Its Legal Response in the Overall Governance of International Investment Disputes增强出版
The restoring of domestic courts’ governance in international investment disputes has received considerable attention
whose participation requires overall planning in the protection of investors’ interests and the maintenance of the host country’s regulatory power
supervision and support of international investment arbitration
and the development of dispute prevention functions. At the same time
the participation of domestic courts also needs to face challenges such as increased politicization risks
a benign interaction between justice and arbitration yet to be formed
and insufficient governance capabilities. Based on the relatively more urgent need in the protection of Chinese overseas investment interests
a restrictive stance should be adopted for the participation of domestic courts in dispute settlement. Meanwhile
the judicial review and procedural intervention system of international investment arbitration by Chinese courts should be improved. The construction of dispute prevention functions should be actively explored in the application and interpretation of investment laws
and in the construction of dispute risk information collection and early warning mechanisms.