A Study On Conflict And Coordination Of International Investment Protection Rules And Environmental Rules In Investment Arbitration

Have environmental protection rules been taken precedence over international investment protection rules? However, Investment arbitration is threatening with international investment protection rules and environmental rules. Investment arbitration and international investment treaties concluded practice beginning to form coordination of environmental protection rules and international investment protection system of conflicting rules. In international investment treaties, investment protection rules usually include compensation for expropriation, non-discriminatory treatment, and a number of international investment treaties also provide with the fair and equitable treatment and the like. Based on international environmental law environmental protection rules, the host country is responsible for environmental protection obligations. In accordance with Domestic Environmental Protection Law, the host country takes environmental protection measure to maintain public environmental interests. After researching the more than 30 investment arbitration cases and text of the treaties of United States, Canada and other countries, from a legal point of view, to explore suitable investment arbitration tribunal coordinates with investment protection rules and environmental protection rules.This paper studies the conflicts between international investment protection rules and environmental protection rules concluding the coordination of international investment protection rules and environmental protection rules.This paper is divided into six parts describing conflict and coordination of international investment protection rules and environmental protection rules.The first part outlines conflict, classification, investment arbitration coordination of environmental protection rules and investment rules legitimacy, including the theoretical basis and legal basis between international investment protection rules and environmental rules.The second part describes conflict between investment protection rules and international environmental protection rules.The third part is coordinating the conflict international rule of investment protection and international environmental protection rules.Firstly, Article 104 in NAFTA :” the relationship with the environment and nature protection agreement” clause is dealing with the conflict of the two. Secondly resolving treaty conflicts with the customary rules of international law in order to resolve the conflict of international investment protection rules and environmental protection rules. Finally, the summary of the chapter.The fourth part deals with the the conflict of investment protection rules and environmental protection measures, including the imposition of such conflict rules, non-discrimination, fair and equitable treatment and environmental protection measures.The fifth part describes the coordination of investment protection rules and environmental protection measures, including the articles about collection of exceptions, without lowering environmental standards terms, the host country has the right to develop and implement environmental protection rules and any controlling right theory.The last part describes the current condition of investment treaties concluded by our country, international environmental law, the domestic status of the environmental protection act, drawn lack of coordination of investment protection rules and environmental protection rules in China, thus making a reasonable policy on this basis.