英文摘要 |
The choice of applicable law clauses in most BITs signed by China have the characteristics of“strategic ambiguity”. Therefore, it is necessary to confirm the respective legal functions and the relationship of China’s international law and the host state’s municipal law in investment disputes. Based on the laws of the existing investment arbitration cases, it is considered that the interest coordination between the host state and the investment home country should be maximized from the entity perspective of interest distribution under the framework of investment agreement. When applying the applicable law, the arbitral tribunal should recognize and respect the public interests embodied in the municipal law of the host state, and realize the application balance of the applicable law through three dimensional paths,namely formal judgment, substantive deconstruction and procedural guarantee. |