Research On The Protection Of Land Rights Of Host Country Residents In International Investment Law

The volume of investment in transnational agricultural land has increased since 2005,and the increase peaked during 2009 and 2010.Large-scale land investment drives the global land rush.Although the growth of transnational land transactions has slowed in recent years,large-scale land Investment is still ongoing.The receiving country of transnational land investment are mainly underdeveloped countries.Sub-Saharan Africa,a large number of land transactions have forced the displacement of local residents and triggered a food crisis.Some scholars have criticized this as "land grabbing".The acquisition and damage of land resources by investors and the land requisition of the host government have caused residents to lose their livelihood of land,unreasonable expropriation compensation and resettlement caused domestic land disputes even violent conflict.The protection of land rights of residents in the host country deserves us attention and research.Research on such issues can also prompt the host country to attach importance to the protection of land rights,urge investors to take social responsibility,correct the imbalance between investment protection and the protection of the host country 's interests in the international investment system.At present,in the field of international investment law,domestic scholars have little research on land rights.Although foreign scholars have studied this earlier,many articles have also pointed directly to the phenomenon of "land grabbing" in transnational land investment,but they may also point out the plight of host country regulation.Either analyze the difficulties in applying the law,or ask to curb transnational land investment from the perspective of human rights protection.There is no overall discussion in the framework of international investment law.This article consists of five chapters.The introduction discusses the value of the topic,current research status,and research methods.The first chapter mainly discusses the concept of land rights,including the resource and property characteristics of land,the characteristics of the right bundle of land rights,and the subjects of land rights under different tenure systems.Introduce the protection of land rights in international law,such as United Nations Declaration On The Rights Of Indigenous,Voluntary Guidelines on the Responsible Governance of Tenure of Land,Fisheries and Forests in the Context of National Food Security,etc.And discuss the relationship between land rights and international investment law,analyze the significance of protecting host country land rights in international investment law.The second chapter introduces the current status of the protection of land rights of residents in the host country,and points out the problems of large-scale land investment through arbitration cases,This article also analyzes the reasons for the above-mentioned dilemmas,including the lack of land rights protection clauses in investment agreements,the negative attitude of investment arbitral tribunals to the host country's public interests,the lack of investors' awareness of social responsibility,and the weak domestic legislative regulatory framework.Based on chapter two,chaptr three discusses measures to promote the protection of land rights of the host country's residents in international investment law,including improving the investment arbitration system,and encouraging host countries to file counterclaims on land rights;,adding land rights protection clauses to investment agreements;investors taking social responsibility;and improving the host country's land investment supervision system.