| With the continuous development of economic globalization,the quantities of international investment in the world is expanding.With the development of international investment,the related environmental problems are gradually increasing.The relationship between international investment and environmental protection has increasingly attracted the attention of the international community.Environmental protection clauses have been incorporated into international investment agreements to varying degrees and have been continuously developed and improved.How to balance the interests of investment and the environmental public welfare of the host country and properly handle the relationship between investment and environment has become a hot topic for scholars at home and abroad.Based on the analysis of the conflict between environmental protection and investor’s rights and interests,this paper expounds the international investment agreement between environmental protection and investor’s rights and interests,studies and analyses specific disputes,and puts forward the relevant countermeasures to resolve the conflict between environmental protection and investor’s rights and interests from the IIAs and corporate green responsibility levels.The countermeasures at the international investment agreements include:first,reconstructing the goal orientation,taking into account investment interests and environmental interests.Second,coordinate the relationship between investment agreements and environmental treaties.Thirdly,we should improve the substantive rules in Sino-foreign investment agreements.Fourth,we should attach importance to procedural rules.Finally,the BIT model of our country should be refreshed in time to show our position and attitude.The countermeasures at the corporate green responsibility include: Strengthen corporate green responsibility.According to the actual situation of our country,environmental clauses are included in IIAs to find the balance point between environmental protection and investor’s rights and interests. |
