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Research On The "Balancing" Of The Principle Of Sustainable Development In International Investment Treaty

Posted on:2019-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ChiFull Text:PDF
GTID:2416330596952611Subject:Law
Abstract/Summary:PDF Full Text Request
Today,the principle of sustainable development has been continuously developed and has become a relatively complete and systematic concept.It has also become an important principle in international law.In the field of international investment,the principle of sustainable development pays more attention to the balanced development of the interests of foreign investors and the development of the host country of investment.However,in practice,the long-term investment status and strength of the North and South countries have led to the imbalance of their investment status.The problem of unbalanced and unsustainable investment in investment treaties is serious,and it has caused serious restraint and damage to the environment,human rights,economy,and regulatory sovereignty of developing countries that import capital.From the current international community and investment environment,with the increasing voice of developing countries and the exposure of the “investment liberalization”-oriented old international investment treaty system to more and more issues,the analysis of the international investment treaty system is underway.Transformation and transformation and its enlightenment to our country.The author takes the analysis of two different models of international investment treaty practices as the starting point.On the one hand,the US 2012 BIT model is taken as an example.The investment treaty model of developed countries ledby Europe and the United States is undergoing self-reform,and on the other hand,the United Nations Trade Development Conference proposed.The "Sustainable Development Investment Policy Framework" has brought valuable reference and enlightenment to the "balanced" orientation of a new generation of investment treaty systems focusing on sustainable development.Finally,the author explored the most important issues of the current sustainable development treaty system: the model issue and the path issue.Especially at the historic moment when China practices the “going out” strategy and the “One Belt and One Road” strategy,China has a strong reform in the past.The problems encountered in the practice of investment treaties and the internal requirements for the construction of a new generation of investment treaty systems dominated by China.How to choose the value target and the way to meet the current situation in China to balance the international investment status of both the capital importing country and the capital exporting country in China is also the core issue discussed in this paper.The first chapter mainly introduces the basic concept of the principle of sustainable development.The first section mainly deals with the principle of sustainable development,especially the principle of sustainable development in international investment,from the conception of the concept to the establishment of a preliminary consensus to eventually becoming a generally accepted principle.The second section mainly introduces the principles of international investment.The concrete embodiment of the principle of sustainable development is its focus on balancing issues.The second chapter mainly introduces various problems exposed by the stubborn diseases in the traditional international investment treaty system under the requirements of the principle of sustainable development.The first section mainly lists the issues of traditional national investment treaties under the principle of sustainable development;the second section lists and elaborates that the international investment treaty can be divided into European and U.S.templates and a new generation of sustainable development models based on the path and model as the standard.And elaborated that the current issues of international investment treatiesare path issues and model issues;in section III,the issues and challenges posed by sustainable development to the traditional international investment treaty system are discussed in detail and the fair and equitable treatment of problems and indirect infringement are pointed out.The central issue in the three controversial articles,umbrellas and umbrellas,is still the issue of the development of the North and the South and the imbalance of the economy.The third chapter mainly discusses the principle of sustainable development and its attention to balance issues to give a new generation of international investment treaty system construction to bring about transformation opportunities.The first section discusses the performance of international investment treaties in transition;the second section discusses the problems and challenges China faces in the transition period,including the fact that China's investment status has changed from a simple capital input country to a collective capital input.Both the position of the capital exporting countries and the amendments and improvements of China's investment policies and laws,finally taking the most common environmental issues encountered by Chinese companies in foreign investment as the starting point,expounding the challenges facing China's foreign investment and international The third section analyzes how the international investment treaty is shifting toward a more balanced model.This includes the attention to investor responsibility and the strategic balance of the host country's sustainable development,concerns about the balance between protection and regulation of foreign investment,and balance.Investment home country responsibility concerns.The fourth chapter mainly elaborates on the era of the “One Belt and One Road”great strategy.How should China absorb the balance of the investment model focused on sustainable development? The innovative content of the investment model and the inclusion of the excellent contents of the traditional model into our future international investment system?.The first section mainly discusses the identification and absorption of traditional investment terms.It mainly focuses on core issues such as access and collection.Section II discusses how to adopt innovative content in IPFSD,focusing on investor responsibility and asymmetry.Responsibility and othercontents strive to make the new generation of investment treaties and systems more balanced and sustainable.
Keywords/Search Tags:International Investment Treaty, Sustainable Development, Balance, Investment Liberalization
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