CWR > Volume 7(1); 2021 > Article
Research Paper
Published online: March 1, 2021
DOI: http://dx.doi.org/10.14330/cwr.2021.7.1.02
Anti-corruption Coordinative Mechanism between the ICSID and Domestic Enforcement Authorities: A China’s Perspective
Hongwu Yin
Hunan Normal University
Law School of Hunan Normal University, 36# Lushan Road, Yuelu District, Changsha Hunan Province, PRC.
Corresponding Author: lawschool2014@163.com
ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
When confronted with the host states’ increasing enthusiasm of invoking the corruption defense as an arbitral strategy to frustrate foreign investors’ claims, the International Centre for Settlement of Investment Disputes (ICSID) tribunals encounter realistic difficulties in arbitration. The inherent insufficiency of anti-corruption investigative powers bestowed to ICSID tribunals highlights the importance of constructing a coordinative mechanism between the ICSID and any domestic enforcement authorities enlisted to epudiate corruption. The enacted International Criminal Judicial Assistance Law of the People’s Republic of China provides the domestic legal basis for establishing a coordinative international criminal judicial assistance mechanism between such international organizations as ICSID and China’s domestic anti-corruption enforcement authorities. Eventually, the proposed ICSID-China’s anti-corruption mechanism will help the global community fight against international investment corruption in a coordinated way, substantially enhancing any host state’s ability to confront the on-going difficulties also experienced by investment arbitral tribunals.
Keywords : ICSID Anti-Corruption Arbitral Practice, Realistic Difficulties, Domestic Anti-Corruption Enforcement Authorities, International Anti-Corruption Coordinative Mechanism
