A Research On The General Exceptions Clauses Of Investment Agreements Between China And Other Countries Under The Belt And Road Initiative

The general exceptions clause in international investment agreement(IIA)is the responsibility exemption clause for protecting the host state's public interest in international investment.With the developing acceptations of sustainable development,recent years,more and more clauses can be found in IIA for the purpose of improving the traditional IIA which emphasizes private interest and protection for host state's public interest.Generally,this clause is beneficial for strengthening the protection for the benefits of host state's public interest in China-foreign investment agreement It also balances the international investment relations between private interest and host state's interest and promotes economic development.It is good for the Belt and Road initiative.Recently,the countries that signed ?A with China in the Belt and Road initiative rarely includes such clause,which led to the difficulty for providing legally protection of host state's public interest as a capital import country in China.Meanwhile,as a capital export country,China didn't show more deserved responsibility.The general exceptions clause in IIA China signed with country in the Belt and Road initiative has many deficiencies in such aspects as the premise of application,objective ranges and relevance of measure.In order to implement public policies and encourage enterprise to invest oversea responsibly and sustainably,China should change their ideal of legislation of international investment agreement in the Belt and Road initiative,actively insert some general exceptions clause,choose reasonably way to revise the China-foreign investment agreement,adopt appropriately expression for general exceptions clause,which suits the requirement of specific agreement,and also add content of protecting public interest.For the existing general exceptions clause,China needs some supplements in aspect of providing detailed premise of application,perfecting explanation for objective ranges,and differentiating relevance of measure between different protecting targets.