The Research On Essential Security Exception Clause In Our International Investment Treaties

This paper focuses on essential security exception clause in our international investment treaties, specifically on the expression, existing problems and improvement proposal of the clause.This article consists of two parts, text and conclusion. Text is divided into four chapters:Chapter 1 gives the Background of essential security exception clause. First, the concept of essential security exception clause is defined, and then the generation of the clause is introduced, after which the reason why this clause recently get more attention, as long as the application inother countries or regions, as the role of "safety valve" and "risk provisioning".There are three parts in Chapter 2, the first part classifies international investment treaties divided to specific bilateral investment treaties, multilateral investment treaties and regional investment laws, the distribution and rules of essential security exception clause is analyzed. The second part mainly evaluates the rules, including applicable conditions, clearly defined semantics, rule mode, to distinguish the different investment environment, the review authority and procedures.The third part discusses the necessity of the inclusion of this clause in our international investment treaties.Chapter 3 analyzed the necessity of this clause in our international investment treaties from two aspects, considering China as a host country and the home country of an investor.The improvement of essential security exception clause in our investment treaties from two major areas is studied in Chapter 4. First, analysis and suggestions are given to the specific design content, including applicable conditions, clearly defined semantics, arbitrability, compensability and notification procedure. Secondly, it is suggested to use the clause flexibly, in the aspects of the treatment difference between developed and developing countries, setting the diversified models, etc.