Research On Environmental Provisions In International Bilateral Investment Treaty

International investment is an important support for a country’s economic development.International investment can effectively promote its own economic development.Both the home country of the investor and the host country can obtain economic benefits in international investment activities.The host country in international investment activities can obtain capital,technology and advanced management experience from foreign investors’ investment.These production factors may be what the host country is short of.With the continuous expansion of the scale of international investment,the depth and scope of international investment agreement negotiations accompanying it have also increased,and environmental issues have become an important part of the negotiations.Possible environmental problems in the investment process-the impact of high-energy-consuming and highly polluting enterprises on the host country’s environment has gradually attracted widespread attention.Therefore,it is inevitable to include environmental issues in one of the topics of international investment negotiations.First,the emergence of environmental provisions in international trade and investment agreements shows that global trade and investment activities have regarded environmental issues as an important link.Furthermore,the environmental issues in today ’s world are already a global issue.Today,with increasingly close global connections,the environment of various countries is not only a national environmental protection issue,but also a global comprehensive issue.The higher the emphasis on environmental issues,the more able to establish a positive image of the country,highlight the role of major powers,and enhance international status.In the practice of investment activities,the environmental protection measures adopted by the host country from the perspective of public interest may be considered to constitute direct or indirect expropriation,infringing the interests of foreign investors.The conflicts generated by the investors must reach a dynamic balance in the investment agreement.China has the dual status of an exporting country and an importing country,and has different pressures on internal and external: foreign investment will encounter the risk of environmental regulations of the invested country,and the domestic and domestic as the host Congress will encounter unsuitable capital inflows and produce environmental impacts.Threat.Therefore,how to choose when signing a bilateral investment agreement involving environmental clauses,and how China should protect its own interests in case of environmental disputes,is worth our discussion.When setting up environmental clauses in the treaty,taking into account the interests of investors and the host country ’s own environmental regulatory power based on public interests,write environmental protection and sustainable development of investment into the agreement.Rights,specify specific environmental control regulations,and cannot use the environment as a sacrifice in exchange for economic benefits,and state that the protective measures adopted by the host country based on public interest do not constitute direct or indirect expropriation.This article is completed using the research methods of literature analysis and comparative analysis.It is divided into five parts: first,the first part introduces the background and research significance of the topic,as well as relevant domestic and foreign research trends and literature reviews;the second part mainly discusses environmental issues The origin of China and the necessity of the existence of environmental clauses in international bilateral investment agreements and the relationship between environmental clauses and investors ’economic interests and the regulatory power of the host country;the third part introduces the development history of environmental clauses in international investment rules and the arbitration clauses of arbitration practices Applicable;The fourth part mainly elaborates the impact of environmental provisions in international bilateral investment treaties and the path selection of developing countries regarding environmental regulations when signing bilateral investment treaties;Problems with the terms,and finally put forward suggestions on setting up environmental terms and suggestions on the resolution of investment disputes involving environmental issues.