A Study On The Exceptional Provisions Of Fundamental Security Interests In Bilateral Treaties

As an important part of international investment law,bilateral investment treaties,depending on the State party,have different contents,but they have an irreplaceable role in the protection of international investment.Although China's bilateral investment treaty practice is relatively late,but now the effective bilateral investment treaty has reached more than 100.And is still in talks with the countries concerned to sign a new bilateral investment treaty.However,although China's large number of bilateral investment treaties,but contains the basic interests of the exception is one of the few,and in the specific provisions are more vague and general.However,the practice of the International Center for Settlement of Investment Disputes in recent years has shown that the essential security interests are increasingly playing an important role in the dispute settlement process.Therefore,there is a lack of specific provisions on the exceptions to the fundamental security interests in bilateral investment treaties,and there is a great obstacle to the smooth settlement of international investment disputes or the containment of trade protectionism in the host country.Therefore,the author hopes to clarify the problems of the scope of the essential security interests in terms of scope of application,relevance and review,so as to provide some reference for China to set up the provisions in the bilateral investment treaty.This paper focuses on the study of the exceptions to the fundamental security interests of bilateral investment treaties.The full text is divided into four parts:The first part is the fundamental security benefit exception clause practice and the difference between the clause and the relevant exemption clause.First,through a case involving an exception to the basic security interests,the question arises that the provision is currently applicable.Secondly,to standardize its name and to distinguish it from the relevant exemption clause in relation to critical situations,public purposes,and changes in circumstances in order to achieve a genuine understanding of the purpose of this provision.The second part is the exception to the fundamental security interests of bilateral investment treaties and international investment agreements.First,First of all,the article introduces the bilateral investment treaty of developing India and developed United States on the provisions of the exception clause of fundamental security interest.Secondly,it introduces the provisions of the North American Free Trade Agreement(NAFTA)and the WTO Legal Documents in the Regional Investment Agreement on the Essential Security Interest Exception Provisions.And through the comparative analysis,to explore the differences in its settings.The third part is the analysis of the legal issues of the fundamental security interests of bilateral investment treaties.Mainly on the current basic security interests of the exception provisions in the scope of application,relevance,review standards and compensability of several controversial issues such as the larger discussion at the legal level to define these issues,and give my own views on these issues.The fourth part is the exception of the fundamental security interests in bilateral investment treaties.First of all,it introduces the status quo and its problems of setting out the basic security interests in China's bilateral investment treaties.Secondly,in response to these questions,China's future in the provision of this clause put forward their own recommendations.