Protection And Security Obligation Of International Investment Law

It seems that seldom Chinese scholars have paid close attention to protection and security obligation. In recent years, as China has gradually transferred its role from capital-importing country to capital-exporting country, the amount of foreign investment in Africa, Middle East, South America is increasing. However, in these regions, internal wars and conflicts and some violence has caused Chinese investment suffered a lot damages in physics and properties. This essay attempts to explore the definition and the scope of this obligation from three aspects, namely the customary international law, investment treaties and investment dispute settlement.In addition to the preface, the main portion of this essay includes four chapters:The first chapter is to elaborate the historical development of protection and security obligation in the customary international law, to explore whether the meaning in the customary law includes the protection beyond the physical safety.The second chapter takes United States as an example to describe the evolution of protection and security obligation in the investment treaties. Analyze the changes of the obligation in the investment treaties of different times.The third chapter examines the protection and security obligation in arbitration practice and analyzes different points of view in the various arbitration awards.The fourth chapter is the trend of protection and security obligation in the future. According to the current status quo of China’s foreign investment, the fourth chapter is also trying to make some suggestions for how to make protection and security obligation play a positive role in terms of the protection of Chinese overseas investment.