Download or read book The Backlash Against State's Over-intervention in Treaty- Based Investor-state Arbitration Proceedings-an Examination of Procedural Transparency Provisions in Canada-China Bilateral Investment Treaty from Chinese Persepctive written by Jing Ou and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This thesis endeavors to explore the role the state should play in the process of promoting transparency in treaty-based investor-state arbitration from Chinese perspective. After introducing the concept of transparency and relevant arbitration rules in UNCITRAL Rules, the ICSID Convention, NAFTA and the Model BITs of Canada and the U.S., this thesis explains why investment treaty arbitration requires transparency from the perspectives of civil society, investors and international dispute resolution institutions. It then reviews how the transparency rules have been applied and transformed in international arbitration practice over the last decade. Next, this thesis contrasts these findings with the arbitration rules in Chinese bilateral investment treaties, especially the Canada-China bilateral investment treaty signed on September 9, 2012, which designates the host State rather than the tribunal to decide on the transparency issue of arbitration proceedings. From this comparison, this thesis derives some preliminary ideas regarding a theory of reflexive legitimacy, arguing that the state should not directly intervene in the determination of procedural transparency issues during arbitration proceedings. Having analyzed the difficulties and feasibility for China to truly conform with the trend of transparency in investment treaty arbitration, this thesis proposes some suggestions for the upcoming Chinese bilateral investment treaty negotiations with the other states such as the U.S. " --