英文摘要 |
Economic sanctions imposed by the host state against specific countries, regions, industries, entities or individuals may undermine the investment rights of foreign investors in the host state and give rise to international investment disputes. If a foreign investor initiates the international arbitration through the Investor-State Dispute Settlement (ISDS) mechanism, the legality and appropriateness of the host country's economic sanctions may be examined and tested at the international law level under the ISDS mechanism. Based on the prospective considerations, China should anticipate the claims and defences that may be raised by foreign investors and host countries on issues such as jurisdiction, legality of economic sanctions, relationship between economic sanctions and investment treatment, and recognition and enforcement of arbitral awards in investment dispute arbitration involving economic sanctions, and the potential risks faced by China as the host country and Chinese overseas investors respectively, as well as prepare the corresponding legislative or practical strategies. |