I. Introduction II. ICSID Tribunal in the Corruption Defenseof the Host State A. Corruption Defense Invoked by the Host State B. ICSID Tribunal’s Declining of Jurisdiction over CorruptInternational Investment Cases III. ICSID Tribunals’ Current Difficulties inHandling Host State’s Corruption Defense A. ICSID Tribunal’s Declining Jurisdiction over Corrupt Investmentand Infringing Procedural Justice B. Applying the “In Accordance” Provision in Investment Arbitration Practice C. Preliminary Declining of Jurisdiction by ICSID Tribunals andSubstantial Unbalancing of Interests between Disputing Parties D. Tribunal’s Congenital Inadequate Power in Investigating Corruption IV. Possi ble Solutions to the Difficulties in theICSID Investment Arbitrations A. ICSID Tribunals’ Jurisdiction over Investment Disputes andthe Nature of Corrupt Activities B. The Balancing Approach of ICSID Tribunals C. A Proposal for Internationally Coordinative Mechanism between ICSIDand Domestic Anti-corruption Enforcement Authorities V. Conclusion References
저자
Hongwu Yin(International Law at Hunan Normal University)