Paths and Challenges of International Investment Disputes Arising from Unilateral Economic Sanctions and China's Response
Increasing unilateral economic sanctions have become an important factor affecting international investment activities in recent years,and the various types of sanctions may jeopardize a number of investor rights and interests,violate the entity treatment provisions in international investment agreements,and trigger international investment disputes.Traditional international investment arbitration will face new challenges and obstacles in resolving disputes triggered by unilateral economic sanctions making it difficult to resolve such disputes through arbitration in an efficient and rational manner.As a major global outbound investment player,China should take proactive measures to prevent and handle investment disputes triggered by unilateral economic sanctions at both the State and investor levels.At the State level,China can formulate restrictive clauses regarding unilateral economic sanctions in international investment agreements to effectively minimize the adverse impact of such sanctions on investment and promote the rational settlement of disputes;at the investor level,investor should set up a risk prevention system regarding unilateral economic sanctions and actively utilize the host country's administrative complaints,judicial litigation and other remedial mechanisms to safeguard their legitimate rights and interests.
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