On Essential Security Interest Clause In The International Investment Agreements

The thought of investment liberalization, international investment law is to promoteaccess to free, the treatment of investment, the strengthening of investment protectionand advocacy of the host to resolve investment disputes. In this context, the sense ofeconomic sovereignty is weakening,"essential security interests" in the internationalinvestment as well as a "safety valve" and "risk deployment" essential securityinterests "clause, long-term has not been enough attention. Until after the2001economic crisis in Argentina that the terms of the fundamental security interests ininternational investment arbitration against Argentina used as a defense to be arenewed focus. Arbitration cases involving fundamental national security interests ofthe exception for not only shows the important role of the fundamental securityinterests of the terms, also led to a series, such as how fundamental security interestsof the terms of the interpretation and application.In this thesis，the empirical analysis, comparative analysis and literature research, amore comprehensive analysis of the fundamental security interests of the terms, therecommendations of the fundamental security interests of the terms of improveChina’s international investment agreements. In addition to the introduction andconclusion, is divided into five parts: the first part of the fundamental securityinterests of the terms of an overview of the main fundamental security interests of theterms of the concept of the role of historical development and recent attention becausebackground. The second part of the terms of the "essential security interests" in theinternational contracting practice, pointed out: most of the international or multilateraltreaty is the fundamental security of the country in the analysis of the terms of the"essential security interests" in the international practice of contracting interests of theprovisions. In the Parties to the bilateral investment treaty practice, the attitude of thecountries on fundamental national security interests of the terms are not consistent,fundamental security interests of the terms of use, there are four different situations.In addition, there are many differences in the establishment of the fundamentalsecurity interests of the terms of the form and content. The third part is theinterpretation of the provisions of the "essential security interests" in internationalinvestment agreements. The part of the first on the scope of "essential security interests" are discussed, and proposed a range of fundamental security interests, thethesis that on the basis of the traditional military, political interests, the interests ofenvironmental protection, public health, as well as macroeconomic into the areas offundamental national security interests; how to deal with the fundamental securityinterests of the terms of the arbitration, pointing out that the arbitral tribunal fornon-judge for themselves the nature and the fundamental security interests of theirown judgment as to the nature of the exception clauses may be reviewed, but thereview authority and the scope of the differences. The fourth part is the application ofthe provisions of the "essential security interests" in international investmentagreements, pointing out that the application of the provisions of the fundamentalsecurity interests should have to take the necessary measures within the statutoryrange, the need for behavior, the behavior of rationality and legitimacy of the programfour conditions. In addition, prone to lead to fundamental security interests of theterms of the applicable law applies and compensation issues were discussed. The fifthpart of the practice and response of the fundamental security interests in terms ofChina’s international investment treaties, through the introduction of the fundamentalsecurity interests of the terms of the status quo of China’s international investmentagreements, analysis, pointed out that China’s international investment agreements,the fundamental security interests of the missing articles, and the impact on China’smajor security exception.