Research On Restrict Clauses Of Investors' Rights Of Action In Chinese BITs

In recent years,the content of restrictions on investors' rights of action has received some attention,and its direct cause is the abuse of the right when investors resort to international arbitration.The restrict clauses of investors' rights of action in the international investment agreement not only have their own values in the procedural,but also appropriately balances the interests between the investor and the host state.On the one hand,the restrict clauses of investors' rights of action protect the investors' legitimate economic interests,on the other hand,they also give the host states' regulatory power the attention and protection.The restrict clauses of investors' rights of action,like the shackles,have a deterrent effect,allowing investors to cautiously activate the right of action granted by bilateral investment agreements to sue the government of host state.In addition to the introduction and conclusion,the body consists of five parts.The first part is an overview of the restrict clauses of investors' rights of action in Chinese BITs.This section defines and analyzes the concepts of investors in Chinese BITs,rights of action,and the restrictions on rights of action,and locating investors' rights in China's BITs in chronological order.The development of the restrict clauses is divided into three stages: early,medium and short-term,and the content of such clauses in each stage of the investment agreement is briefly analyzed and summarized.The second part is the legal basis for the restrict clauses of investors' rights of action in Chinese BITs.This part mainly analyzes the legal basis for the restrict clauses of investors' rights of action in China's BITs from the principle of prohibiting the abuse of rights and the theory of respecting and safeguarding the sovereignty of the host state.In the "prohibition of Abuse of Right Principle" section,the principle of prohibiting the abuse of right is first discussed,followed by the practice of international investment dispute settlement,the analysis of the principle of prohibiting the abuse of right,and finally the analysis of the restrictions on the rights of investors in China's BITs.In the section of "Respecting and Maintaining the Sovereignty of the Host State",we first discuss national sovereignty,national economic sovereignty,and national regulatory power,then discuss the three levels of public interest in nationaleconomic sovereignty,and finally discuss the importance of “respecting and safeguarding the host states”sovereignty in conjunction with international investment treaties.The third part is the content analysis of the restrict clauses of investors' rights of action in Chinese BITs.This part is based on the development history of the restrict clauses of investors' rights of action in Chinese BITs,and combines various types of the restrict clauses of investors' rights of action in Chinese BITs together.The restrict clauses of investors' rights of action in Chinese BITs consist of substantive content and procedural content.The substantive content consists of preamble,definition of the investment and the investor,denial of interest,most-favored-nation treatment exclusion and restrictions on the scope of investors' claims.The procedural content is divided into two main types: one is the Investor—State dispute settlement clause;the other is the retroactive clause and the statute clause.The Investor—State dispute settlement clause is consist of advanced negotiation and waiting period,advanced notice,exhaustion of local relief,forks in the road,waiver clauses,merger clauses,consent requirements,prohibition of appeals and other relief clauses,legal applicability,and the burden of proof of investors,other terms,and so on.The fourth part is “Comparative Analysis of Similar Limits in Investors' Rights in Chinese BITs and Other International Investment Agreements”.This section is based on the third part.This paper compares the investor's right of action restriction clauses in other representative international investment agreements with the investor's right of action restriction clauses in Chinese BITs,and finds the problems of investors' complaint rights restriction clauses in Chinese BITs.The fifth part is “Recommendation for the Perfection of the restrict clauses of investors' rights of action in Chinese BITs”.Based on the fourth part,this part gives suggestions for improving the restrictions on the restrict clauses of investors' rights of action in Chinese BITs for the problems analyzed in the fourth part,mainly from the aspects of substantive content and procedural content.In general,the extent of the restrictions on the investor's right to action in Chinese BITs has gradually increased with the changes of the times.The restrictions on investors' claims in Chinese BITs are polarized.The recent BITs have more comprehensive restrictions on investor litigation rights,while most old BITs have limited restrictions on investors' claims.The restrictions on investors' claims in Chinese BITs still get a long way to go and improve.