Research On The Essential Security Interests Exception Provision In BIT

February 4, 2015, the 18 th Sino-US BIT negotiations was held in Washington, both sides will continue negotiations on the agreement text. National security is the most important issue of this round of negotiations. Bilateral investment treaties known to play an important role in the protection of foreign investment, but the essential security interests exception provision as a safety valve bilateral investment, distribution and balance between the host country and investors allocate risks and benefits. China as a great power output of capital and capital inputs, in the terms of a bilateral investment treaty overall adoption rate is low, and settings are not unified, the lack of practical operability general fuzzy concept. So should further improve and revise this provision.In this paper, empirical case studies, norm analysis, comparative law studies, historical research and other research methods are integrated used, combined with international arbitration tribunal typical case focused on the essential security interests exception provision to the interpretation and application problems. Combined with our current valid Bilateral Investment Agreement which provides essential security interests exception provision to the proposed improvement suggestions, provide intellectual support for the ongoing Sino-US bilateral investment treaty negotiations.I believe that our country should be the essential security exception provision of bilateral investment treaties as necessary provisions adopted. Essential security interests of an open-ended definition, cited a variety of factors related to fundamental national security interests, and take the maximum extent fallback provision should be recognized as the country considers essential security interests of the matter into the terms. And entity-level specification of the provision that the terms of the fundamental security interests should be an exception Disclaimer treaty as a whole, the scope expanded to the whole of bilateral investment treaties. Another proposal drawing WTO / GATT for "necessary" explained Elements, explicitly set the correlation requirements workable in practice. And that of the host country to invoke exceptions to the fundamental security interests of the host country may be exempted from liability for foreign investors. In the terms of the program specification level, I believe that the clause has arbitrability, and judge for themselves the nature of the different terms were taken to a different standard of judicial review. And learn from developed countries to the provisions of this clause, adding their own judgment in terms of the properties of the language, in order to increase the terms of the applicable host country discretion " it considers...... necessary."...