On The Protection Of The Public Interests Of Host Countries In International Investment

With the further development of economic globalization,economic and trade exchanges and cultural exchanges between countries have been further strengthened,capital flows among different countries have become increasingly frequent,and disputes brought about by international investment have emerged in an endless stream.As a hot topic,public interest has been the focus of international investment throughout the whole process of international investment.Due to the different political,economic and cultural backgrounds of different countries,they have different understanding of public interest,which may cause conflicts in the application of law,and even more,may cause violations of the judicial sovereignty of other countries.Therefore,it is of great significance to study and understand the connotation and development trend of public interest for China to protect its own public interest in international investment.The first part of this paper mainly introduces and analyzes the concept and category of public interest in international investment.In the second part,it introduces the theory and judicial practice of the public interest in the domestic laws of the main countries in the world,especially in the field of investment.It studies the subject and standard of the definition of the public interest,and holds that although the understanding of the public interest is different in the domestic laws,the concept of protecting the public interest runs through the whole process of legislation.In practice,generally speaking,the connotation of public interest is mainly determined by the legislature and administrative organs.In terms of the definition of public interest,mostly,the legislature grants judicial discretion in legislation,and the judicial organs determine the specific application standard and the factors to be considered in the case.In terms of legal effect,the attitude of all countries towards the behavior violating the public interest gradually changes from absolute invalidity to relative invalidity.The third part introduces the practice and development of international coordination of public interest from the perspective of countries,parties to investment contracts,arbitration tribunals,international organizations and other different subjects.In the fourth part,on the basis of the above practical experience and conclusion,combined with China's legislative and judicial practice in the protection of public interest,when making domestic laws and signing international investment treaties,we should find the right position,grasp the development trend of the concept of public interest,elaborate the laws and regulations related to public interest,and actively participate in the construction of international commercial arbitration mechanism in order to maintain Protect the public interest of the country.