Research On Environmental Protection Clauses In Sino-foreign Bilateral Investment Agreements

Bilateral investment treaty refers to the international agreement between the two countries to encourage,promote and protect bilateral investment.As an important legal means to adjust bilateral investment activities,the goal is to emphasize the protection of investors' personal property interests,while ignoring the public interests of host countries,especially the protection of environmental interests.According to the latest data from the legal Department of the Ministry of Commerce of the people's Republic of China,as of December 12,2016,there are 104 bilateral investment agreements in force in China,but few of them have truly contained environmental protection clauses.With the increasing attention of the international community to global environmental problems,countries begin to pay attention to the use of economic,diplomatic,legal and other means to strengthen cooperation and promote the solution of environmental problems.In the face of complex and diverse international environment,people gradually realize that it is unilateral and undesirable to formulate bilateral investment agreements only for the purpose of investment liberalization and investment protection as in the past.The environmental problems of the host countries caused by transnational investment can not be ignored and the environmental conditions of the host countries also have an important impact on the frequency and level of bilateral investment.As a big country rising peacefully,although the environmental protection clauses in our bilateral investment agreements have been gradually developed,from the form to the content,there is still a lot of room for upgrading of the clauses.It is imperative to perfect the environmental protection clauses in bilateral investment agreements.Therefore,in the future bilateral investment negotiations,how to conclude or improve the environmental protection clauses in bilateral investment agreements at home and abroad is a major challenge facing our country.Starting with the analysis of the generational development of the environmental protection clauses in the Chinese bilateral investment agreements,the author analyzes the present situation and shortcomings of the environmental protection clauses in the Chinese bilateral investment agreements.In order to meet the interests of both sides,balance the interests of investors and the interests of the host country,and achieve the goal of protecting the environment of the host country.China's contribution to the world is not only to drive economic development,but also to have its own attitude and methods in environmental protection,actively promote bilateral investment climate protection cooperation among countries,and to be a responsible developing country.