中国-东盟自贸区投资争端解决机制的困境与出路

随着"一带一路"建设各项措施的推进,中国与东盟的投资合作有了迅猛发展,然而,投资合作的发展速度与投资冲突的产生成正比。当前中国与东盟签订的一系列协定虽为双方投资争端的解决指明了方向,但这些解决投资争端的方式在实践中存在着制定脱离于实践、适用范围受限等不足,其已不足以充分解决新增投资领域的诸多争端。对此,应立足于中国-东盟自贸区自身的特征,结合投资争端的特殊性,从适用主体、适用范围、解决程序等方面对中国-东盟自贸区投资争端解决规则进行优化,以期适应自贸区的长足发展。

The Dilemma and Outlet of the Investment Dispute Settlement Mechanism of China-Asean FTA

With the advance of the construction of"the Belt and Road",the investment cooperation between China and ASEAN has developed rapidly.However,the development speed of investment cooperation is in direct proportion to the emergence of investment conflicts.Although a series of agreements signed by China and ASEAN have pointed out the direction for the settlement of investment disputes between the two sides,in practice there are some deficiencies in the way of settlement of investment disputes,such as the separation of formulation from practice and the limitation of the scope of application,it is no longer sufficient to adequately resolve many of the disputes over new investments.In this regard,based on the characteristics of the China-Asean Free Trade Area(CAFTA)and the particularity of investment disputes,the article optimizes the rules for the settlement of investment disputes in CAFTA from the aspects of the applicable subject,the applicable scope and the settlement procedures,in order to adapt to the rapid development of the Free Trade Zone.