The Research on Dispute Settlement of the Cross-Strait Bilateral Investment Protection and Promotion Agreement

• Main Authors: Ling-JiaYang, 楊羚嘉
• Other Authors: Yi-Kai Chen
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/6t9h99

碩士 === 國立成功大學 === 法律學系 === 105 === SUMMARY International economic integration encourages the development of international economic legalization and the transformation of international operation pattern, objectively, it provides a possibility to evolve the bilateral investment treaty. Under this condition, it becomes a trend that two parts across the Straits sign the 〈Cross-Strait Bilateral Investment Protection and Promotion Agreement〉 in august,2012.And also, the increasing certainly causes disputes, which means that the dispute settlement clauses are very important in one bilateral investment treaty. The dispute settlement mechanism in 〈Cross-Strait Bilateral Investment Protection and Promotion Agreement〉 has its own characteristics: it arranges the dispute settlement between investor, between contracting parties and between an investor of one contracting party and the other one. As bilateral investment treaties are based on the product of the will of the state, the protection of investment is more in line with the reality of the two countries. But it cannot be overlooked that there is a difference in the terms of protection between developed countries, between developing countries, between developed and developing countries, due to the unequal level of political, economic and rule of law. This will lead to the different choice on dispute settlement mechanism, such as the choice of flexible political means or rigid legal means, how should the dispute settlement mechanism be designed, or how can we seek common ground in cross-strait political relations, and other problems. It can be said that cross-strait investment protection and promotion agreement for the future to resolve cross-strait economic and trade disputes a test water and explore, with significant value.