Lecture Notes in Education Psychology and Public Media

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Lecture Notes in Education Psychology and Public Media

Vol. 46, 19 April 2024


Open Access | Article

The Dilemma and Improvement of the International Trade and Investment Settlement Mechanism--Take the WTO Appellate Body and China's Belt and Road

Yanan Fang * 1 , Yunsong Lu 2
1 Yangtze University
2 Xinjiang University of Finance &Economics

* Author to whom correspondence should be addressed.

Lecture Notes in Education Psychology and Public Media, Vol. 46, 18-25
Published 19 April 2024. © 2023 The Author(s). Published by EWA Publishing
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Citation Yanan Fang, Yunsong Lu. The Dilemma and Improvement of the International Trade and Investment Settlement Mechanism--Take the WTO Appellate Body and China's Belt and Road. LNEP (2024) Vol. 46: 18-25. DOI: 10.54254/2753-7048/46/20230578.

Abstract

The suspension of the WTO’s Appellate Body is directly related to the integrity and stability of the dispute settlement mechanism. Based on the analysis of Dispute Settlement Understanding’s 90-day mandatory regulation on the appeal period and the judge system involved, this paper puts forward suggestions on the trial period, the working mechanism, and the selection mechanism of relevant judges, hoping that the Appellate Body can resume operation soon and survive the crisis. The Investor-to-State Dispute Settlement (ISDS) mechanism is a common dispute settlement method in the field of international investment. However, with the development of the global economy and the increase in the scale of international investment, the ISDS mechanism has also faced some challenges and controversies. Chinese investors are also actively exploring the reform of the ISDS mechanism to improve fairness, transparency, and predictability in the face of ISDS difficulties in the BRI. This article will take the WTO appeal mechanism as a reference to explore the reform path of China's ISDS.

Keywords

WTO Appellate Body, Trial Period, ISDS, Belt and Road

References

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3. WTO. (2023) Dispute settlement activity-some figures. https://www.wto.org/english/tratop_e/dispu_e/dispustats_e.htmThe Working Procedures for Appellate Review. (1996). 4.2, 4.3

4. Yuejiao Zhang. (2016) Farewell speech of Appellate Body Member Yuejiao Zhang. https://www.wto.org/english/tratop_e/dispu_e/yuejiaozhangfarwellspeech_e.htm

5. Honduras. (2019) Fostering a Discussion on the Functioning of the Appellate Body, Communication from Honduras. https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/GC/W759.pdf&Open=TrueArticle 2.4 of the Dispute Settlement Understanding

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Data Availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

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Volume Title
Proceedings of the International Conference on Global Politics and Socio-Humanities
ISBN (Print)
978-1-83558-361-6
ISBN (Online)
978-1-83558-362-3
Published Date
19 April 2024
Series
Lecture Notes in Education Psychology and Public Media
ISSN (Print)
2753-7048
ISSN (Online)
2753-7056
DOI
10.54254/2753-7048/46/20230578
Copyright
19 April 2024
Open Access
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited

Copyright © 2023 EWA Publishing. Unless Otherwise Stated