Traditional Culture Encyclopedia - Traditional customs - What are the judicial international treaties to resolve international economic disputes?
What are the judicial international treaties to resolve international economic disputes?
An international treaty refers to an international written agreement based on international law concluded between countries. Among them, the treaty concluded between the two countries is a bilateral international treaty, and the international treaty concluded between many countries is a multilateral international treaty.
The settlement of international economic disputes is one of the important contents of many bilateral international treaties, and many bilateral treaties have provisions on this. The aforementioned bilateral investment treaties generally contain the content of handling international economic disputes. For example, according to the bilateral agreement between China and France, investment disputes should be resolved through reconciliation as far as possible; If no settlement can be reached within six months, you can apply to the administrative organ of the host country for settlement, or bring a lawsuit to the court of the host country for settlement.
2. Specialized international multilateral treaties dealing with international economic disputes
The special treaties dealing with international economic disputes mainly refer to the Convention on the Settlement of Private Investment Disputes between Countries and Other Countries (Washington Convention) signed in the aforementioned 1965 and Annex II to the Constitution of the World Trade Organization (Understanding on Rules and Procedures for Dispute Settlement). Such international treaties generally stipulate arbitration or other special dispute settlement methods, and the dispute settlement mechanism stipulated by the World Trade Organization is a very distinctive and authoritative dispute settlement mechanism in the world at present.
3. Judicial and arbitration treaties dealing with international economic disputes
In the judicial field, the main treaties include the Statute of the International Court of Justice (1945), which provides comprehensive provisions for the settlement of international disputes. 1954 Convention on Civil Procedure, 1965 Convention on the Foreign Service of Civil and Commercial Litigation and Non-Litigation Documents, 1970 Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters, etc.
In arbitration, the main treaties are 1899 and 1907 Hague Convention for the Peaceful Settlement of International Disputes, 1927 Geneva Protocol for the Enforcement of Foreign Arbitral Awards and 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (hereinafter referred to as "new york Convention"). New york Convention is the most influential international convention in the field of international arbitration at present, which has played an active role in the enforcement conditions and procedures of foreign arbitral awards, and in promoting the parties to resolve disputes through arbitration. China acceded to the Convention on June 22nd1987,65438+1October 22nd, but made two reservations, namely "reciprocal reservation" and "commercial reservation".
The legislation of various countries generally advocates the jurisdiction of international economic disputes within their own territory. For some types of international economic disputes, some countries clearly stipulate in their legislation that the courts must be under the jurisdiction of their own courts, or only allow the application of their own laws.
Generally speaking, the norms of international economic disputes in domestic law are mainly the norms of arbitration law, which can be expressed as special arbitration law or legal norms on arbitration existing in procedural law. The arbitration laws of some countries also stipulate mediation procedures.
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