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《跨太平洋伙伴关系协定》(Trans-Pacific Partnership,TPP)12个谈判方在政治、经济、法律与文化方面存在着突出的多样性,据此可以尝试从法律多元主义的视角理解TPP的谈判内容,包括作为其谈判核心议题的投资体制。在晚近的投资条约的缔约及仲裁实践中,特别是TPP现有谈判方的投资条约的缔约及仲裁实践中,正当程序是一个聚讼纷纭的问题。而以法律多元主义为视角来理解和建构TPP投资体制中的正当程序问题,不仅尊重了TPP各谈判方的法律多元化表现,而且缓和了协定最终文本的单一化与各谈判方在正当程序理解与认识上不一致性之间的矛盾。此外,将这一视角引入未来TPP框架下的投资仲裁实践,也有助于进一步解释与完善当前尚存争议的正当程序规则。
There are prominent political, economic, legal and cultural diversity in the 12 negotiators of the Trans-Pacific Partnership (TPP), from which one can try to understand the TPP’s negotiating elements from the perspective of legal pluralism , Including the investment regime as the core issue of its negotiation. In the recent contract and arbitration practice of investment treaties, especially in the contracting and arbitration practice of investment negotiators of the current negotiators of TPP, due process is a controversial issue. To understand and construct the due process issue in the TPP investment system from the perspective of legal pluralism not only respects the legal diversification of the TPP negotiators but also alleviates the simplification of the final text of the agreement and the due diligence of all negotiators in due process Conflict with the understanding of the inconsistency. In addition, introducing this perspective into the practice of investment arbitration under the framework of the future TPP will also help to further explain and improve the currently controversial rules of due process.