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ICSID有一套完整的与《纽约公约》不同的裁决承认与执行机制。该机制运行四十多年的实践表明,绝大多数败诉国都主动并自愿遵守和履行裁决。在实践中,也有败诉国以国内法律程序为由拖延履行裁决,执行地国混淆裁决的承认与执行之区别,裁决由于执行地国的国家豁免法律而未得到强制执行。我们认为,ICSID缔约国有必要制订与《ICSID公约》相配套的国内法,但不宜限制国家主权豁免原则。中国与ICSID关系日益密切,应从其实践中获得启示。
ICSID has a complete set of recognition and enforcement mechanisms that differ from the New York Convention. The practice of the mechanism running for more than 40 years shows that the vast majority of the losing countries voluntarily and voluntarily observe and fulfill their rulings. In practice, there are also the distinction between the recognition and the enforcement of the objection by the losing State on the grounds of domestic legal process, the implementation of the confusion and recognition of the State of the continent, which was not enforced due to the implementation of the law of State immunity from the State. In our opinion, it is necessary for ICSID contracting states to formulate domestic laws that are compatible with the ICSID Convention, but it is not appropriate to limit the principle of national sovereignty. The relationship between China and ICSID is getting closer and closer, and its enlightenment should be gained from its practice.