On The Innovation Of China-African Bilateral Investment Treaties Under The Concept Of Human Community With A Shared Future

As a "China plan" for building a new type of international relations,once the concept of “human community with a shared future” was proposed,it was universally recognized by the international community.This concept has five core connotations of lasting peace,universal security,common prosperity,openness and tolerance,and cleanliness and beauty,and puts forward a specific path to the five fields of world development: politics,security,economy,culture and ecology.The “China-African community of with a shared future”,as an important part of “human community with a shared future”,and a typical representative of regional practice,has developed six connotations of responsibility sharing,winwin cooperation,happiness sharing,culture sharing,security building and harmonious symbiosis.Since the China-Africa Cooperation Forum have established,China-Africa bilateral investment has been increasing,and China-Africa economic and trade relations have been continuously deepened.At present,China's investment in Africa ranks among the highest in the world,which is closely related to the role of encouragement and promotion of bilateral investment treaties.However,the current status of the existing China-Africa bilateral investment treaties is not optimistic.First of all,most treaties have been signed for a long time,and the number of treaties in force is relatively small and the content is relatively simple,which is far from meeting the legislative requirements for the speed of development of bilateral investment between China and Africa.Secondly,the existing African Contracting States in the China-Africa bilateral investment treaties are misaligned with the African countries to which Chinese investment is actually flowing,making the first-level protection of bilateral investment treaties lacking and putting some at a disadvantage for non-investors.Thirdly,the vast majority of China-Africa bilateral investment treaties fail to reflect development trends in international investment law.Finally,the concept of “human community with a shared future” puts forward higher requirements on China-Africa relations in the new period.Therefore,in order to better protect the interests of Chinese and African investors,promote bilateral investment between China and Africa,and promote the establishment of a community with a shared future for mankind,it is urgent to reform the bilateral investment treaty and establish a new bilateral investment treaty system.First of all,the preamble of the treaty should place more emphasis on three principles: the principle of of consultation,joint construction,progress and sharing,and sustainable development,which are closely related to the idea of “human community with a shared future” to build a lasting peace,a clean and beautiful,and a common prosperity world.Secondly,it is necessary to improve investment treatment and clarify the conditions for indirect collection in specific terms.Finally,we should pay attention to the development trend of international investment law and include provisions such as corporate social responsibility.