Research On Environmental Provisions In China’s International Investment Agreements Under The Background Of The Belt And Road Initiative

The proposal of "One Belt And One Road" is a sign that China has entered the new opening stage,and the proposal of this concept has promoted more economic and trade exchanges.However,due to the different economic structure,cultural and historical background of China and the countries along the Belt and Road,investment activities have caused many disputes,among which environmental disputes are the most significant.When countries along the Belt and Road restrict investment activities to protect environmental resources inside and outside their own borders,there will be a tension between investment benefits and environmental benefits,which must be dealt with by means of environmental provisions in international investment agreements.Integrating green economy into the international investment agreements signed with One Belt And One Road countries,studying the environmental clauses in the international investment agreements,and strictly selecting investment according to environmental standards can promote the coordinated and sustainable development of economic and environmental benefits between China and the countries along the routes.It is also helpful for China to promote the improvement of international investment rules,and to realize the environmental sustainable goal under the background of "One Belt And One Road".This paper is divided into four parts:The first part elaborates the sustainable development concept of adhering to the core value of international law under the background of "One Belt And One Road" in China,and narrates the environmental risks of overseas investment.Based on the background of cultural and economic differences among countries along the Belt and Road,and considering the continuous environmental conflicts and interest imbalance in reality,this paper analyzes the causes to prove the significance of including environmental protection clauses in international investment agreements under the background of "One Belt And One Road".In the second part,the author sorts out the environmental protection clauses in the typical international investment agreements and summarizes the main forms of environmental protection clauses in the international investment agreements.This paper expounds the development background of environmental clauses and studies how to perfect environmental clauses when China signs investment agreements by discussing the advantages and disadvantages of typical investment agreements and clauses.The third part introduces the typical significance of arbitration practice,on the basis of analyzing the case study on the application of the environmental provisions and explanation suggests that the arbitration tribunal environmental provisions are in conflict with the terms of the existing investor protection is,reality is often investment protection provisions of the terms of the dispute settlement body mainly adopts,it also limits the environmental terms play its due effect.The fourth part tries to briefly sort out the investment agreements that China has signed,and finds that there are some deficiencies such as vague wording and conflict between environmental provisions and other provisions,and puts forward the perfect policies on this basis.Firstly,the existing environmental clauses should be improved: the due meaning and applicable words of environmental clauses should be clarified;Integrating the fragmented environmental provisions into separate environmental chapters or specifying environmental matters in the form of environmental subsidiary agreements;Emphasis should be given to environmental related procedural elements,such as the EIA system.Secondly,new contents should be added: the validity rank and applicable rules of environmental protection clauses in international environmental treaties and international investment agreements should be clarified by new clauses.The environmental regulation rights of the host country should be added,and the relevant concepts of environmental regulation rights should be clarified.Increase the public participation in environmental provisions for the management of environmental affairs,and enhance the enthusiasm of the public in safeguarding the environment of the public domain.