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The Role of OECD?? Report: A Soft-Law Maker in the Process of Globalization

It is a very obvious fact that the most important function of a civil legal system is to make people be able to solve disputes through fixed fair procedure and in accordance with generally accepted rules. All jurists would agree that an efficient legal system will contribute to the smoothly resolution of disputes with lower cost and better justice. Different countries have developed their own different legal systems which are based on their own legal principles and believe. As a matter of fact, this has caused one of legal scholars’ most critical concerns in the process of globalization of the world. That is we can not find a unified legal system for the resolution of international disputes. This has been an issue for a real long time since the trend of globalization has shown itself. Because of the differences between different countries’ legislation and judicial system, it is particularly hard for disputing parties to achieve a mutual consent during a process of solving disputes. Unfortunately, such a situation has led to a harder resolution with higher cost of international disputes. 
Two steps are very essential in purpose of verifying the above pessimistic legal disputes solving condition. Firstly, to establish more generally accepted entities which are vested the power to hear cases under a universally applied procedure. Secondly, in order to improve the situation of lacking unified legal resources, there is a certain necessity to identify more common accepted rules and carry out more unified legislations. To achieve these aims, international organizations are playing a more and more important roles concerning this process of “globalization of legal resources”. OECD is one of these active and honorable organizations. 
Because OECD could not directly pass conventions or treaties with enforceable power in international community, OECD’s role is more like a research institution rather than a formal legislation entity. Then how can OECD help to establish a more agreeable unified international legal disputes solving system?    
Just as been described in its introduction language on its website: “ For more than 40 years, through its organized monitoring, analyzing and forecasting activities, the OECD, has been one of the world's largest and most reliable sources of comparable statistics, and economic and social data. As well as collecting data, the OECD monitors trends, analyses and forecasts economic developments and researches social changes or evolving patterns in trade, environment, agriculture, technology, taxation and more. The Organization provides a setting where governments compare policy experiences, seek answers to common problems, identify good practice and coordinate domestic and international policies.”
Without any doubt, OECD’s practice of identifying common problems and common rules would contribute to the resolution of international disputes, especially in the economic fields. OECD’s one famous achievement is its making and publication of honorable and authoritative reports concerning many front-edge issues. The OECD is one of the world’s largest publishers in the fields of economics and public policy. Its publications are always very objective, reliable, and with firm bases. Many ambiguous and disputing problems have been provided a through analysis and reasonable solution suggestions by OECD. All these reports, thesis and study have shown themselves with a very high value when international entities are making decisions or choosing solutions while a specific case is involved. Because when they choose the research subjects, OECD’s experts always concentrates on the hottest issues in the most useful, the most international and most achievable fields. In its reports regarding extensive fields, the law-makers, lawyers, managers and government agencies can find many common opinions, universal principles, generally accepted practices or more advanced and preferable rules which are existed in the international fields. This will largely convenient the process of disputes solving, saving time and money, and most important, help people to make wiser and fair decisions. In fact, when hearing a case and trying to achieve a win-win resolution of some disputes, many international tribunal or courts will take OECD’s relevant reports as one of the important reference for consideration. Thus OECD’s publications is becoming a “soft-law” maker and forming a more and more important legal resources of international law.
OECD’s publications are a prime vehicle for disseminating the Organization’s intellectual output, both on paper and online. But the question is why its report could be so achievable and so valuable? What kinds of researching methods it is adopting? And what is the core reason for its success in finding common interests and advisable principles when extremely complicated context is involved?
Attempting to figure out the answer to the above question, this paper will concentrate on one of OECD’s report, that is "INDIRECT EXPROPRIATION” AND THE “RIGHT TO REGULATE” IN INTERNATIONAL INVESTMENT LAW, (hereinafter referred to as “the report”), to analyze its structure and study its research methods. To be clear, this report mainly concentrates on a legal issue, more specifically on the International Investment Law aspects, trying to resolve the problem of Indirect Expropriation. Although this is a comparatively narrow scope, it could still to some extent demonstrate OECD reports’ characteristics. Furthermore, to study such a specific report will also benefit our own research pattern by making us aware of its advanced and refined methods and its international thoughts.       
The present survey provides a discussion from two aspects. It analyzes the “Objective Approach” of this report. (Part I) Then this paper discusses the application of “Country Survey” methods in this report. (Part II).

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