The Study On The Clauses Of Exception Of International Investment Treaties

Under the influence of economic globalization today, the degree of liberalization in international investment boom intensified. While actively seeking investment liberalization in countries around the world, widespread public interest and the national security interests of the state also need protection. The antagonistic contradictions then need to be addressed in all kinds of treaty under international investment law system. With the continuous development of international investment law system, the right to protect essential security interests of the state, as an exception to treaty commitments, has been well established in treaty practice. It has been expressly included in international agreements, in MAI, NAFTA and a number of bilateral investment treaties. In order to exempt from liability, and ensure their own national security interests. These countries listed many clauses to protect the interests of the state security, for example, MAI, NAFTA and Bilateral Investment Treaty. What another major challenge in the field of investment of the current international legal system is how to strike a balance between the two major principles of the promotion of foreign investment and social environmental protection. A new generation of "General Exceptions" clause was introduced more and more in international investment agreements in order to help achieve this goal. The Exceptions clauses has played an effective role in the host country and the interests of investors under international investment protection system, However, the lack of standards for improper situation also occurred In a real-world situation. Under the important stage between China and the United States of ongoing bilateral negotiations about BIT, clarify the value and applicable case of international investment treaties will effectively circumvent the new bilateral agreements problems that may arise during the conflict. What we studied in the paper is to strengthen the fairness and justice of the agreement contents, and protect the interpretation of the provisions applicable in BITs.