The Research On The Environmental Clause In The Bilateral Investment Treaties Of China

With the deep development of economic globalization, international investment have been expanding around the world. The expansion of international investment led to more environmental problems; in the process of investment, the conflict between the investor’s interest and the host’s environmental interest intensified. Now, with the concept of sustainable development increasingly popular, the environmental issues in international investment has been concerned by people. As an important part, environmental clause has been taken into the multilateral agreement on investment or the Bilateral Investment Treaties.According to statistics, as the largest developing country, China became the world’s largest recipient of FDI. At the same time FDI from China taken the third place of the world. Now, what rules the investment of China is the 104 Bilateral Investment Treaties between China and the other countries. But the environmental clauses in our Bilateral Investment Treaties is with the small number and lack of the high quality. These problem make China weak in management of the conflict between the investor’s interest and the host’s environmental interest intensified. It made an adverse impact to the ecological environment in China, and also restricted the development of international investment.This paper started with the influence between investment and environment, analyzed the environmental clauses in our Bilateral Investment Treaties in detail, summarized the problem of them. And then, the paper propose improvements with the reference of advanced legislation and the arbitration practice, to fit the sustainable development of China. At last, the purpose of this paper is providing more ideas of solving the conflict between the investor’s interest and the host’s environmental interest, and make contributions to concluding the Bilateral Investment Treaties with the United State, or the European Union...