Research On Compliance Of Host Country's Environmental Regulation Under The Practice Of International Investment Arbitration

Environmental issues have always been the focus of the international community.With the increasing awareness of environmental protection and the emphasis on environmental protection,the host country is also constantly introducing various environmental regulations.After several decades of development,there have been many types of environmental regulation measures.At the same time,with the continuous deepening of globalization,the scale of international investment is also increasing.International investment has become one of the important factors that cause environmental problems in the host country,and then becomes the target of environmental regulation in the host country.In the face of conflicts of interest,international investors often resort to the host country to the international arbitration tribunal on the grounds of “indirect expropriation”.In international arbitration practice,compliance standards for host country environmental regulatory measures are key.By analyzing international arbitration cases related to environmental regulation,it is possible to understand the problems of the host country's compliance evaluation when adopting environmental regulation measures.In summary,the main problems can be divided into three categories,one is the public interest purpose category,the second is the environmental regulation legal basis,and the third is the environmental regulation factual evidence.According to the problems in the evaluation of the host country's environmental regulations,the reasons are further analyzed to explore the direction of compliance evaluation.In addition to the introduction,the text is divided into four parts.The first part is an overview of environmental regulation compliance.This part is mainly based on the relevant theoretical research and combined with the relevant international arbitration cases to give a general introduction to the environmental regulation of the object of compliance evaluation.Specifically,this part begins with a brief overview of the concept of environmental regulation from the concept of environmental regulation;the second is to describe the characteristics of environmental regulation in conjunction with relevant international arbitration cases;the third is to introduce the types of environmental regulation.The second part introduces the legal practice of host country environmental regulation compliance evaluation under the practice of international investment arbitration.This part is based on the international investment arbitration practice of whether the environmentalregulations of the Middle East countries are supported by arbitration.The relevant cases are divided into international investment arbitration cases supported by the arbitral tribunal and international investment arbitration cases not supported by the arbitral tribunal.The problems in the environmental compliance assessment of the Middle East countries were analyzed.The third part is the problem of the evaluation of the compliance of environmental regulations in the host country.This part mainly refines and summarizes the problems existing in the evaluation of the country's compliance in the Middle East,proposes the problems of the compliance of the host country's environmental regulations,and analyzes the reasons.There are mainly three types of problems in practice.One is that the public interest of the host country's environmental regulation lacks factual evidence,the second host country's compliance evaluation misses international legal norms,and the third is that the evidence for compliance evaluation is flawed.The fourth part is the exploration of the evaluation of environmental regulation compliance in the host country.In the first part of this chapter,based on the above-mentioned part of the research and analysis,based on the combination of relevant theory and empirical analysis,the orientation of environmental regulation compliance evaluation is proposed.The evaluation orientation is mainly to review and evaluate from three aspects: legal provisions,public interest objectives and scientific evidence.The second item mainly introduces China's perfect strategy for environmental regulation in the host country.