Research Of Cultural Protect Terms In International Investment Treaties

Since the reform and opening up, China use foreign investment to develop the export-oriented economy, and create a lot of export benefits. In recent years Chinese companies have increased export, transform the import economy to the export economy. Although the high standards of investment agreement can bring us the high benefit of foreign investment and overseas investment, but at the same time, it cannot be ignored that investment liberalization brought the negative effect more than the positive effect, such as cultural diversity. Culture is part of national ethnic, if blindly pursuing free trade, the result is the losing national culture. It is difficult to repair that for a nation, even be a disaster. There is no sense of national identity and then there is no national identity, which weaken the national cohesion and international influence. China has distinct national culture, which deeply influence our nation, to maintain and carry forward the traditional culture, protect the diversity of national culture, we should aware that culture protection is as important as the development of economy. Because of profound cultural symbols, as foreign capital and external culture in China is also inevitable with traces of cultural conflict, the measures to solve the conflict of culture diversity and free trade, can also be reflected in the every aspect in the field of investment."Cultural diversity" in international investment law protection involves two aspects, on the one hand reflected in the enterprise’s control measures of the protection of cultural diversity, on the other hand is the protection of cultural heritage. In terms of the first, a country would set performance requirements to ensure the spread of its culture, but it may violate the provisions of the treaty by investment treatment; The protection of cultural heritage are mainly embodied in expropriate the foreign investor’s cultural heritage, such a behavior can be viewed as discrimination, which violate the principle of investment treatment and the expropriation compensation is not sure. This paper mainly use the historical analysis, comparative analysis, case analysis, legal interpretation methods, clear cultural diversity protection in the legal framework of international investment treaties, analysis explicit and implicit cultural diversity protection clause, finally gives the suggestions to solve the above problems, protect cultural diversity and put forward the feasibility of the scheme in terms of international investment law for China.Besides preface and conclusion, this paper consists three parts.The first part: the introduced classification international investment treaty; equinoctial lists and interpret the basic content of cultural terms in international investment treaties; This paper discusses the cultural terms in the international treaty legal basis.The second part: the case of investment treaty terms in the first list, and then according to the case analysis the applicability of the involved terms, the evaluation part is based on the analysis of the specific terms and conditions of the applicable analysis conclusion.The third part: summary the influence of the terms of the national culture which involved in, including both the terms and conditions the international investment treaties, the influence of the exist terms of culture terms. Eventually, proposed suggestions of Chinese domestic laws and regulations construction.