Research On Non-exclusive Measures Clauses In China's Foreign BITs

Bilateral investment treaty(BIT)is the main legal source in the field of current international investment law,which plays an important role in maintaining the international investment order and protecting the interests of foreign investors.Nonprecluded measures(NPM)clause is an important clause in BIT,which aims to seek a balance between the protection of foreign investors and the protection of national interests,and provides policy space for the state to exercise regulatory power under special circumstances.Today,China's outward investment in the global influence of foreign investment continues to expand,but at the same time,the conflict between investment protection under bilateral investment and the exercise of national regulatory authority is also increasing,many of which are appealed to the International Center for Settlement of Investment Disputes.Non-precluded measures clause,as an important text related to the host country's exercise of regulatory power to safeguard its own interests,is not large,accounting for about one fifth of the total number of signed BIT in China.Moreover,the structure and content of non-precluded measures clauses vary greatly,and the research is not in-depth enough to pay enough attention to it.This is not only not conducive to the protection of China's foreign investment interests,but also increases the risk of international investment arbitration in the future.Therefore,it is necessary to improve the setting of non-precluded measures clauses in BIT concluded with foreign parties in China,and to respond to the relevant disputes in the current international investment arbitration.This paper starts with the current situation of nonprecluded measures clause in BIT concluded by China,This paper introduces the modes,structures and concrete contents of non-precluded measures clauses,analyzes on the disputes existing in the future international investment arbitration of non-precluded measures clauses,and puts forward some perfecting suggestions for the text,application and investment disputes of non-precluded measures clauses respectively.The full text is divided into three parts,namely the introduction,the body and the conclusion.The main body is divided into four chapters:The first chapter introduces the concept and discrimination of non-precluded measures clause,the emergence and development of non-precluded measures clause and the evolution in China,the conflict between investment protection and the exercise of national regulatory power under the current BIT concluded by China.The second chapter analyzes the status quo of non-precluded measures clauses in BIT concluded by China,combs the mode,location,structure and specific content of nonprecluded measures clauses,and summarizes the status quo of non-exclusive measures clauses.The third chapter analyzes the text problems of non-precluded measures clauses in BIT concluded by China,the applicable issues and the possible disputes in the future international investment arbitration.The fourth chapter puts forward some suggestions on the text design and specific application of the non-precluded measures clauses in China 's foreign BIT,and puts forward some countermeasures on the disputes in international investment arbitration.