Study On The Essential Security Interests Clauses In International Investment Agreements

In the international investment market,the essential security interests clauses in international investment agreements play an important role in balancing the interests of the host country and the interests of investors.This text contains five parts:The first chapter is an overview of essential security interests clauses.This chapter expounds the relationship between the general exception clause,exception clause and major security exception to the two,from the major security exception clause through the edge of the exploration of the development and demonstration of major security exception value.Chapter 2 provides for treaty provisions for major security exceptions.This chapter first examines the interpretation of major security exceptions.Secondly,the application of the major security exception clause is analyzed from the scope of application of the major security exception clause and the applicable relevance requirements,purpose requirements and restrictive requirements.Chapter 3 is the practice of major security exceptions in ICSID arbitration.This chapter first describes the Argentine financial crisis triggered by the US investors will be sued to the ICSID arbitration court in Argentina.Secondly,a further detailed analysis of ICSID on Argentina to invoke the interpretation and application of major security exceptions,specifically from the grounds of defense in Argentina,the reasons for the applicant for arbitration,the arbitral tribunal view several aspects of analysis.Finally,summarize and reflect on the controversial focus of the above precedent.Whether the economic crisis is a matter of significant security,the relationship between the major security exception clause and the customary international law "critical situation",the determination of the nature of the major security exceptions,the "only" determination of significant security exceptions,and the legal consequences of the application of significant security exceptions.Chapter 4 is the practice status and shortcomings of the major security exceptions in China and foreign investment treaties.First of all,combing the number of major security exceptions in China and foreign investment treaties,the different forms,as well as the scope of the definition of major security exceptions are different from the practice of the status quo.Secondly,the following shortcomings are summarized,the scope of "major security exception" is unclear,the judgment of most of the major security interests is not clear,the relationship between the major safety exception and the target is not unified,the security is not explicitly and the legal effect of the exception clause.Chapter 5 is the countermeasures to improve the major security exceptions in China and foreign investment treaties.The impact of the major security exception rules on the major security' exceptions,the impact of the capital export power on the major security exception rules,and the impact on the major security exceptions in the case of dual identities discussed the need to refine the clause.Finally,the author puts forward the specific perfection policy,that is,from the objective consideration of the double identity of the international investment treaty signed a clear "major security exception" range,clear the scope of the major security interests of the right to judge,unified major security exceptions and objectives,and the legal effect of explicitly invoking significant security exceptions.