Analysis About Issues Of Rights For Host Country In International Investments

In October2001, the U.S. energy giant Chevron acquired another large U.S. oil company Texaco. At the same time, it "inherited" the responsibility of the environmental pollution caused by Texaco in the Amazon rainforest operation for three decades. However, in the face of the shocking facts and evidence, in order to evade legal responsibility Chevron transferred the jurisdiction of the of proceedings, put pressure on public opinion and used political forces and other means will to turn the case into a infinite delay judgment situation.However, in the current international investment law regime, the last shield of Chevron is the international investment arbitration. And under the aegis of the international investment arbitration, the$9.5billion reparation by the Ecuador court is bound to face heavy resistance. Therefore, the external factors to the difficult of the host’s rights is that the involvement of international investment arbitration tribunal made the hard-earned compensation judgment sink into the maelstrom of the lack of implementation, specifically, the legality and legitimacy of international investment arbitration, its continuous expansion of the jurisdiction of international investment disputes and overprotective of private investors are extremely adverse impact on the protection of the host country’s human rights and social benefits. Under the general international investment context, the host country see capital injection as an important economic strategy for their own economic development, and they tend to hold an supported and compromise attitude to private investors, which is the root cause of the difficult to protect the rights of the host countries.The host country should clearly recognize that, with the development of the national economy, the problem of the protection of human rights, environmental pollution and social interests can not be ignored. In face with the imbalances between the rights and obligations of investment treaties, and the current international investment regime legitimacy in the eyes of international community, the international investment law system must be reformed and developed somehow. In the situation of current international investment law system, the determination of jurisdiction in international investment dispute, bilateral investment treaty dispute resolution terms, as well as the importance of social and public interests attached to by the entire international community are the three important places to start to protect the rights of the host countries. Therefore, we need both the jurisdiction of international investment disputes under the ICSID system be reformed, they need to make adjustments to the terms of the bilateral investment treaty, finally, to arouse the entire international community of the importance of the public interests of the host society, and if we do these three aspects of exploration and reform well, I believe that a variety of social rights in the host country will be effectively protected and the difficult situation will be effectively improved. On the road to resolve rights difficult in the host country, all countries should adopt a positive policy, make tangible reforms and efforts to balance the interests of all parties and coordinate the relationship between the maintenance human rights protection in the host country and international investment. So that, it can change the negative effects on the host country brought by the current international investment law system.