On The Legal Impact Of Environmental Protection Provisions In The US Bilateral Investment Agreement On China

China is the largest developing country in the world.At the same time,after 30 years of reform and opening up,China's foreign investment has become one of the top ten in the world.As the capital that is moving to the capital export power,the growing economic strength in the BIT negotiations with the United States will have more points.During this period,the reason why China and the United States did not successfully enter into the BIT model was that the actual situation of the two countries was different and the interests of the position and maintenance were different.China's previous focus on the number of foreign investment,the United States requires high-quality foreign investment.Therefore,in the BIT negotiations between China and the United States,should be on environmental protection and other terms to reach an agreement.In the case of near-term effects,the expansion of "public interest rules such as environmental protection and labor rights" means an increase in foreign investment costs and risks.However,from the long-term effect,based on the destruction of the host environment and other public interests on the basis of high standards of investment protection is bound to not long,regardless of the host country's economic and social sustainable development of foreign capital will eventually bite itself.Based on this,the US 2012 version of the BIT model will further improve the environmental protection standards,strengthen the awareness of environmental protection,China and other developing countries undoubtedly have a lot of investment activities.As a result of China's gradual change in the identity of investment activities,how to deal with the relationship between investment activities and sustainable development goals,need more in-depth study.The rational application of environmental protection provisions is beneficial to both the host country,the investor and the healthy development of the world economy,and we should be fully aware of the importance of environmental protection provisions.Based on this,the author first analyzes the legal status of environmental protection provisions in BIT.Clarification of the nature of environmental protection provisions(policy orientation)in order to have a good understanding of its legal role,to be targeted.At the same time,the design pattern of environmental protection clause is discussed,and the legal effect of environmental protection clause in different design modes is explained.Next,the author of the United States 2012 BIT model of environmental protection provisions for analysis.Elaborated its background: the negative impact of economic globalization and the profound impact of the principles of sustainable development,so that people increasingly concerned about environmental protection.Through the comparison of the old and new BIT model,it clarified the strengthening of the new model to the environmental protection.Finally,the author also discussed the purpose of adding the environmental protection clause to the American BIT model.As all things have two sides,the inclusion of environmental protection provisions has a positive impact on China,but also increase the risk of China's foreign investment activities.All in all,the US 2012 edition of the BIT model is the investment standard developed by the United States as the largest developed country based on its own interests.Although there are risks and challenges,but we face the terms of environmental protection is to understand and accept it,and put it into the Sino-US BIT negotiations.