Research On The Environmental Regulations In BIT Models

Bilateral investment treaty is the most widely used international investment treaties, which equally constraints on the contracting parties and the investors. A country’s bilateral investment treaty model is the most important reference and basis when they wants to sign a bilateral investment treaties with other countries. The terms of the content of the environment in a BIT models, should be thought as the Environmental rules. The environmental rules should including the terms of the preamble, the terms of expropriation and compensation, the terms of general exceptions, the terms of essential exception and the terms of investment and environment etc. All the contents about the environment protections,the importance of sustainable development, and the relationship between investment and environment which for the sake of the protection of the environment and the public interest for the Host country conform to the concept of environmental rules.Not all the BIT models include environmental rules. According to the different legal traditions, different situation of economic development and the position of the country which is hold. The BIT models can be divided into "European model", "American model", "The developed country model ", The developing country model", "Investors-stand model", "The host country-stand model"and"Equilibrium model". This article try to analysis the difference of rules and the reason why those terms draw up. The four different BIT models are U.S. BIT models,Canada BIT model, India BIT model (draft)and P.R.China BIT model(draft), which represented the "Investors-stand model", "The host country-stand model" and "Equilibrium model".A country’s investment rules will be in the interests of their own country as the ultimate guide. Stand at the different position, countries make their environment rules under the guides of its reality of foreign investment and use of foreign capital. By analysis the U.S. BIT models and Canada BIT model which are made in the Investors-protection stand, the India BIT models which made to protect the host country’s benefits. Combined with the actual situation in our country, this article try to obtain a conclusion that the Environmental rules in China BIT model should be improved in different terms.As a developing country which vigorously promote the reform and opening up. When our country draw up the environmental rules in the BIT models, It is necessary to find the balance of the interests of investors and the host country, try to build an environmental rules which contains the terms of the preamble, the terms of expropriation and compensation, the terms of general exceptions, the terms of essential exception and the terms of investment and environment in appropriate way.