Research On Social Responsibility Rules In The Field Of International Investment

International investment has witnessed a mushrooming development in recent years with a volume of approximately two trillion US dollars. Now the international society has come to a consensus to boost the transnational investment. Meanwhile, more and more importance is being attached to corporate social responsibilities with the host countries'increasing awareness of labor right protection, environment and anticorruption. As a result, international community concerns about the relationship between the protection of investment liberalization and the social responsibilities, and addresses the connection and conflict of investment protection and labor rights protection, environment protection and anti-corruption. This article focuses on this relationship, discussed how to balance the investment protection and social responsibility. On the basis of analysis of the international and domestic law and policy in our country, this article has suggested some measures to resolve the problems.This article is divided into five chapters as following:The first chapter is mainly an overview of the relationship of international investment and social responsibility. Firstly, it described the basic situation of corporate social responsibility. The focus of social responsibility in the field of international investment is about labor rights protection, environmental protection and anti-corruption. Countries, international organizations, transnational corporations and other entities have played an important role in promoting the development of social responsibility rules. Secondly, this chapter discussed the legal theory of social responsibility, concluding that it is possible to enforce social responsibility by law. There are some several important features about social responsibility in the field of international investment. For example, from the perspective of international investment, social responsibility has the special content and relevant principles have specific characteristics. In discussing social responsibility, there are some similarities and differences between the field of international trade and international investment. Furthermore, it is subject to international and domestic legal system. Finally, this chapter introduces an overview of social responsibility rules framework and characteristics in the field of international investment. The social responsibility rules including international treaties, soft law, and domestic law. At present, some international investment treaties incorporate some social responsibility rules. Soft law on social responsibility promotes the development of social responsibility rules, and gradually obtained the power to directly regulate transnational corporations.The second chapter introduced the responsibility of labor rights protection in the field of international investment. Firstly, on the basis of introduction of labor rights, this chapter discussed the relationship of labor rights and international investment, the way and the principles to protect labor right. Secondly, it discussed the legal mode to protect labor rights in the filed of international investment, including international investment treaties, soft law and state's unilateral measures. Finally, it analyzed international judicial practice of labor rights protection. Through introduction of WTO's judicial practice on labor rights protection, it analyzed WTO dispute settlement mechanism's impact on labor rights protection and concluded that there are some conflicts between the obligations of investment protection and labor rights, so it is difficult for judicial practice.The third chapter introduced the responsibility of environment protection in the field of international investment. Firstly, on the basis of introduction of environment protection, this chapter set forth the relationship of environment protection and international investment, the way and the principle to protect environment. Secondly, it discussed the legal mode of environment protection in the filed of international investment. It illustrated the situation and development of environment rules being incorporated into international investment treaties. It also described soft law and state's unilateral measures on environment protection. Thirdly, it discussed the impact of socially responsible on environment protection. Then, it also discussed the effect of the Equator principles on international project financing and legal issues. Finally, it introduced the Copenhagen World Climate Conference, researched the conflicts between the obligations of investment protection and environmental technology transfer, clean development mechanism.The forth chapter introduced the responsibility of anti-corruption in the field of international investment. Firstly, this chapter described the behavior and damage of transnational corruption by international investment, as well as the difficulties in regulating transnational corruption. It introduced some anti-corruption laws such as American Foreign Corrupt Practices Act, global or regional conventions, international soft laws, and some regulations against transnational corruption activities in some counties. Secondly, it researched the legal conflicts and defects in fighting transnational bribery activities. Through comparative analysis on international legal documents, this chapter concluded that there some legal conflicts and defects in regulations such as object, behavior, subjective aspect, relief and exceptions. Finally, it discussed the possibility of anti-corruption clause being incorporated into international investment treaties. It also analyzed jurisdiction issues of transnational corruption, the measures to punish the transnational corruption and issues of enforcement of anti-corruption law.The fifth chapter illustrated the situation and defects of related legislation in China, and then it proposed some appropriate measures. Firstly, this chapter described the real situation of labor rights protection. China is also facing the challenge of labor disputes in foreign investment. On this basis, it analyzed the regulations about labor rights protection in international investment treaties which concluded with other countries by China and domestic laws in China. China should adjust the foreign investment policy, pay attention to the clause of labor rights protection when concluding international investment treaties, and improve legal system. Secondly, it described the multinational corporation's environmental offences and the development of social responsibility in China. This chapter also analyzed the regulations about environment protection in international investment treaties. China should attach importance to the clause of environment protection when concluding international investment treaties, and improve legal system and relevant policy. Finally, this chapter described some typical transnational corruption cases in China and studied the reasons and means of corruption. Based on the research of defects of legislation and law enforcement, the author put award proposals to improve legal system to punish transnational corruption.In conclusion, on the basis of the discussion of this article, the author suggested that social responsibility rules should be considered in the process of legislation, and judicial practice in our country.