A Study on The Dispute Settlement Mechanism for Cross-strait Investment
Date Issued
2014
Date
2014
Author(s)
Chen, Tsu-Wang
Abstract
The economic interchange between Taiwan and Mainland China has been processing for a long period. Taiwan investors invested large amounts of money in Mainland China; however, the disputes happened a lot. Whether the dispute was between the Taiwan investor and Mainland China Government, or between the investors, the Taiwan investors were rarely treated fairly. After Taiwan and Mainland China singed Cross-Strait Bilateral Investment Protection and Promotion Agreement in August, 2012, it is more meaningful to discuss the investment dispute resolution.In this thesis, the following two topics are discussed. First, to gather the investment dispute resolutions before Cross-Strait Bilateral Investment Protection and Promotion Agreement was signed. Second, to discuss the pro and con of the investment dispute resolutions provided by Cross-Strait Bilateral Investment Protection and Promotion Agreement, and give the author’s opinions.
The investment dispute resolutions are summarized and reviewed. In this thesis, I summarized and discussed the investment protection agreements which were signed between Mainland China and other countries or between Taiwan and other countries, and studied the cases about the difference of the investment dispute resolutions. But, the dispute resolution provided by Cross-Strait Bilateral Investment Protection and Promotion Agreement did not achieve the breakthrough results through the laws which were signed by Mainland China government. However, this bilateral investment protection and promotion agreement was still a milestone for the economics interchange between Taiwan and Mainland China. If this agreement is fully carried out, the economics interchange between Taiwan and Mainland China will be deeply influenced.
Subjects
投資爭端解決機制
兩岸投保協議
仲裁
調解
訴訟
Type
thesis
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