The Analysis Of International Investment Agreements From The Perspective Of Behavioral International Law

The 2008 international financial crisis has changed the international economic situation and the balance of power between countries. American scholars have proposed Behavioral International Law to examine the rationality degree of human beings and the rationality of international law. Behavioral International Law considers the subjects of international law are bounded rational through examining persons?, companies? and countries? cognitive abilities and willpower by applying Behavioral Economics. Behavioral International Law holds that the international law can not be perfectly rational and justice diversifying from its historical background. The international law is found instead of being created. The reasons for the international law being not perfectly rational are that rational deficiency of policy-makers, various shapes of domestic politics and the complexities of international relationships are closely related with it.Nowadays there are not only political games and economic games, but also rule-based games. Many countries think highly of the negotiations and conclusions of international investment agreements. The negotiations of international investment agreements are highly effected by the subjects of international law, national policies and international relationships. As one of sources of international law, international investment agreements are marked by bounded rationality. Behavioral International Law plays a guiding role of the conclusion and development of international investment agreements. When during the negotiation of international investment agreements, China shall alert to its weaknesses and be concealed by bounded rationality. China shall conclude the international law conforming to its historical conditions and maximize the utility of the international investment agreement.