Research On Legal Issues Concerning The Balance Of Rights And Interests Between Investors And Host Countries In Chinese BITs

With the transition of China's role from capital importing country to capital exporting country and capital importing country,the arrangement of interest-oriented arrangement in the original BITs is no longer suitable for China's current interest demand.As a capital-importing country,China must consider the protection of the host country's regulatory power and protect its own public interests.As a capital-exporting country,China must consider the protection of overseas investors and guard against unfair treatment.The shift of mixed identity determines that China must maintain a balance position between the interests of investors and host countries in order to realize the maximization of interests.From the perspective of the balance of interests between investors and the host country,this paper analyzes and studies the imbalance of rights and interests between investors and the host country in terms of entities and program clauses in existing Chinese BITs,so as to provide some ideas for promoting the balance of rights and interests in the new generation of BITs.The first chapter mainly focuses on the legal basis,practical development and basic standpoint of the balance between the interests of investors and host countries in Chinese BITs.Firstly,based on the protection of private property rights and the protection of National Public Interests,this paper further discusses the rationality and legitimacy of the balance of company's rights and interests in the investment field,and puts forward that the protection of investors' rights and interests is the core task of BIT To protect the rights and interests of the host country is the legitimate pursuit of BIT,and they go hand in hand.Secondly,according to the economic and trade policy guidance of China in different historical periods,this paper discusses the features and development of interest-oriented BITs in different periods.Finally,under the background of China's dual identity,it is necessary to balance the relationship between liberalization and sustainable development,and adhere to a unified position of balancing the rights and interests of investors and host countries.The second chapter mainly focuses on the dispute between investor and host country concerning the distribution of rights and interests in Chinese BITs.First of all,the definition of asset-based open "investment" adopted by Chinese BITs is inconsistent with the current Chinese overseas investment form and tends to lead to broad interpretation,which is not conducive to the protection of China's rights and interests as a host country.Secondly,the fair and equitable treatment clause in the treatment clause,the existence of different wording,the scope of application of the problem,resulting in its boundary fuzzy,causing the arbitral tribunal to explain in favour of investors.Thirdly,the paper analyzes the status quo and problems of indirect expropriation in the expropriation clause,and points out the dilemma of China in this issue under the dual status.Finally,it emphasizes that China lacks the safety valve of exception clause in the process of liberalization,and analyzes the specific lack of exception clause.The third chapter mainly focuses on the dispute between the investor and the host country concerning the distribution of rights and interests in Chinese BITs.In this chapter,the status quo of settlement mechanism arrangement,consent and initiation of International Investment Arbitration in BITs is discussed,and the interests of investor and host country in each issue is analyzed.In the fourth summary,the author analyzes the defects and potential risks of the existing mechanism in other procedural rules.The fourth chapter mainly focuses on the legal issues of balancing the interests of investors and host countries in Chinese BITs.It is divided into two parts: First,the paper designs the scheme to balance the interests of the relevant substantive provisions,proposes to adopt the mixed definition model,clarifies the fair and equitable treatment provisions,clarifies the scope of the levy standard and adds an exception clause;This paper designs the balance of rights and interests of the relevant substantive clauses,proposes the diversification cooperation of various dispute settlement mechanisms,and puts forward China's stand and concrete improvement measures in view of the problems in the international investment arbitration mechanism.