ISSN: 2222-6990
Open access
The RCEP dispute settlement mechanism lacks an investor-state dispute settlement mechanism, which will result in the limitation of low level of entity protection in the field of investment.The Regional Comprehensive Economic Partnership Agreement (RCEP) came into force on January 1, 2022.Chapter 19 of the RCEP agreement provides for a separate dispute settlement provision, showing the importance of the RCEP agreement to dispute settlement, but with the further entry into force of the level of regional cooperation However, as the level of regional cooperation further takes effect, the gradually expanding level of investment will require a more sound mechanism for remedy and protection of investment rights, for which the RCEP is incomplete without an investor-state dispute settlement mechanism, and the subsequent negotiations of the RCEP can follow the existing mechanism of the RCEP, invoke other international investor dispute mechanisms, and establish the RCEP's own investment tribunal to resolve investor-state disputes. In order to seek to form a multi-modality investor dispute settlement mechanism that integrates dispute prevention, consultation, mediation or arbitration.
Dolzer, R., Kriebaum, U., & Schreuer, C. (2022). Principles of International Investment Law. 3rd Edn. Oxford: Oxford University Press. 10.
https://doi.org/1093/law:iic/9780199211753.001.1
Gold, J. (1984). Prior consultation in international law. Virginia Journal of International Law 24.
Gong, B. H. (2022). Legal points and responses in investor-host country arbitration cases insvolving China. Journal of Shanghai University of International Business and Economics.
Kenneth, J. Van der V. (2017). U.S. International Investment Agreements. Cai Congyan, Zhu Mingxin et al. Beijing: Law Press, 2017. https://ssrn.com/abstract=3022255
Kinnear, M. (2022). The launch of a new generation of the ICSID Rules. Columbia FDI Perspectives 326. https://doi.org/10.1093/icsidreview/25.2.225
Qingjiang, K. (2021). RCEP dispute settlement mechanism - An FTA dispute settlement mechanism built for Asia. Contemporary Jurisprudence 2: 40. https://doi.org/10.1142/9789812706508_0012 Elettronica Sicula S.p.A. (ELSI) (United States of America v Republic of Italy) 1989.
Xiaojing, Q. (2021). The path choice of establishing an appeal mechanism for investment. Arbitration, Politics and Law Press 2.
Wei, D., & Tang, Y. (2019). From spectator to leader in international investment rules - A study of Brazil's CFIA model. WU International Law Review 5. https://doi.org/10.13871/j.cnki.whuilr.2019.05.005
Wang X. (2018). Study on the construction of RCEP dispute settlement mechanism. International Perspectives 2(2): 134.
Yanzhi, W. (2020). From procedure to substance: The new controversy on the scope of application of MFN treatment in international investment agreements. Tsinghua Jurisprudence 5: 59-60.
Yanzhi, W. (2021). RCEP investment chapter: Asian characteristics and global implications. Contemporary Jurisprudence 2.
Yanzhi, W. (2022). China_ASEAN investment dispute settlement mechanism in the context of RCEP. Political Law Series 6: 91.
https://kns.cnki.net/kcms2/article/abstract?v=3uoqIhG8C44YLTlOAiTRKibYlV5Vjs7ioT0BO4yQ4m_mOgeS2ml3UDkfwio7M61_uFOL8ZE7sEAUepn1JMF-LVXtXJZ9Mkj0&uniplatform=NZKPT
Xu Shu. (2017). The path, causes and response to the jurisdictional expansion of international investment tribunals. Tsinghua Jurisprudence: 11.
Shafruddin, Z. (2019). Investor-state dispute settlement between developed countries: Why one size not fit all. American Review of International Arbitration 29(4).
Xiaojun, Z. (2021). Risks and responses under RCEP regional investment opportunities. International Business Studies 5: 11.
In-Text Citation: (Chen et al., 2023)
To Cite this Article: Chen, Z., Rahman, S. A., & Khan, H. A. (2023). Absence of and Options for Investor-State Dispute Settlement Mechanisms in Regional Comprehensive Economic Partnership Agreements. International Journal of Academic Research in Business and Social Sciences, 13(5), 2447 – 2462.
Copyright: © 2023 The Author(s)
Published by Human Resource Management Academic Research Society (www.hrmars.com)
This article is published under the Creative Commons Attribution (CC BY 4.0) license. Anyone may reproduce, distribute, translate and create derivative works of this article (for both commercial and non0-commercial purposes), subject to full attribution to the original publication and authors. The full terms of this license may be seen at: http://creativecommons.org/licences/by/4.0/legalcode