Legal review on investor-state dispute settlement under TPP

摘要

Investor-state dispute settlement (“ISDS”) is an instrument of public international law, which grants an investor the right to use dispute settlement proceedings against a foreign government. Though, there are pros and cons in ISDS under Trans-Pacific Partnership, which is originated from international treaties and practice of U.S. However, ISDS under Trans-Pacific Partnership has some innovations compared with the original ISDS. This paper first briefly introduces ISDS under Trans-Pacific Partnership and does a theoretical analysis of ISDS, then makes comparison between ISDS under Trans-Pacific Partnership and other dispute settlement mechanism to find new international investment standard, finally considers China should make a comprehensive research on ISDS and other TPP clauses so that reform measures to promote international investment could be taken.