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由于“一带一路”倡议涉及面广,参与者众多,因此争端将不可避免地发生在多个领域,而争端能否得到高效、有效的解决将关系到“一带一路”倡议能否得到有序推进。现有争端解决机制的话语权多掌握在西方国家手中,且普通法色彩浓厚,或未能较好契合沿线国家的实际情况和需求,构建可更好地服务于“一带一路”倡议和沿线国家的争端解决机制的重要性不言而喻。现有常见的争端解决机制可大致分为政治模式、司法模式和综合模式,各有利弊。对于服务“一带一路”倡议而言,综合模式或更为契合。在借鉴现有机制的基础上,构建相应争端解决机制时应结合沿线国家的实际情况,并对现有的争端解决机制的弊端提出针对性的完善办法。
As the Belt and Road Initiative involves a wide range of participants and a large number of participants, disputes will inevitably occur in various fields. Whether the dispute can be effectively and effectively resolved will be related to the “One Belt and One Road” initiative Get orderly promotion. The existing discourse power of the dispute settlement mechanism is mostly held in the hands of western countries and has the common law color, or fails to better meet the actual conditions and needs of the countries along the line and builds a platform that can better serve the “One Belt and One Road” initiative and The importance of dispute settlement mechanisms along the countries is self-evident. The existing common dispute settlement mechanisms can be broadly divided into the political model, the judicial model and the integrated model, each with its own advantages and disadvantages. For the service “Belt and Road” initiative, the integrated model is more suitable. On the basis of drawing lessons from the existing mechanism, we should combine with the actual situation in the countries along the route to construct the corresponding dispute settlement mechanism, and put forward the perfect measures for the drawbacks of the existing dispute settlement mechanism.