Study On The Legal Protection For The Interests Of The Host Country Under International Investment Treaties

Since the 80s of the 20th century, with the rapid development of the international economy, the protection of foreign investment under traditional international investment rules could not meet the demand of development capital-exporting countries. Under the development country's pressure, the content of the international investment treaty shows trends of high standards and liberalization. The treaties are designed to obtain greater benefits for the oversea investment. While in order to attract more foreign investment to develop the economy, particularly some developing countries, the host country have made tremendous compromises and concessions in the international investment treaties, which have led the crisis in the jurisdiction and the management of the host country according to the treaties. The practice of international investment treaties shows that, to some extent, higher degree of liberalization of investment treaties is also under suspicion of the damage of national sovereignty. Modern international investment treaties have made a strict limit of sovereign power for the host country, which have made serious damage to the host country's national interests, relative to the excessive protection for foreign investment. In order to safeguard the national interests of host countries, this paper focuses on the most controversial and most important questions in the international investment treaties. First, entity problems, the main research areas are two main issues, one is the constitution of indirect expropriation, and the other one is fair and equitable treatment standards. About the constitution of indirect expropriation, first of all this paper will identify the boundaries between government management, then study the various criterion of the determination of indirect expropriation, and finally in order to protect the interests of the host country, propose the considerable specific factors of indirect expropriation. About the fair and equitable treatment standards, the main research of this is the different understanding of the specific content and the specific methods of interpretation in practice. There are serious differences in understandings of these, to balance the interests of the host country and the foreign investment, this paper tried to explore the true meaning and the nature of this term. Second, the fact of procedures, the main study is ICSID arbitration under international investment treaties, for the host country, the way to accept the jurisdiction of international investment arbitration have presented serious problems, this paper will give the method to amend the defects and propose the responds to the host country. Finally, combine with the major problems of China's international investment contracting practice, this paper have put forward the construction of the protection for the interests of our government in international investment treaties.