부산대학교 도서관

亚投行所开展的业务涉及间接投资行为, 由此产生的资金借出者(亚投 行)、资金借入者和资金输入国之三方关系与投资者—东道国争端解决机 制无法相融, 且ICSID、NAFTA、WTO关于此类争端的规定亦存在诸多缺 陷, 故针对亚投行所涉的投资争端, 应当成立独立的争议解决中心, 明确 其组织架构和管辖权；构建贷款—投资争端解决机制, 并在透明度、上诉 制度、仲裁时效性和保护发展中国家利益等方面实现新的突破. 在这一过 程中, 应当充分借鉴包含TPP在内的已有国际投资争端解决经验, 促进“一 带一路”沿线国家经济发展, 实现亚投行、资金借入者和资金输入国三方的 利益共赢.
The relationship among the capital lender, the capital borrower and the host country caused from the indirect investment behavior, which referred from the AIIB’s business, is conflict with the ISDS. And the regulation by ICSID, NAFTA and WTO has exposed much of weakness. The investment disputes related to the AIIB should not be submitted to an independent agency whose organization chart and right of competency should be clarified. The loan-investment dispute settlement mechanism should be build and it should achieve new breakthroughs on timeliness in transparency, the appeal system, arbitration and to protect the interests of the developing countries. In the process, the experience for international investment dispute settlement including the TPP should be fully absorbed, for promoting the economic development of countries along the “one belt and one road area”, achieving the AIIB, the borrowed one and the capital importer country tripartite win-win interests.