A Study On Environmental Protection Clauses In International Investment Agreements

International investment began during the developmental stage of capitalism.It has become one of the most important forms in international economy intercourse since 1980.At this stage,International Investment Agreements emerged to attract and protect international investment.With the in-depth development of international investment and worsening of global environment,the relation between investment and environment concerns international community.And Environmental Protection Clauses have been included into International Investment Agreement in different degree and have been improved and perfected constantly.How to balance investment interests and public environmental welfare of host countries and properly handle the relationship between investment and environment has become a research hotspot for foreign scholars.China's status in international investment has changed.The previous capital-importing country has turned into a large developing country which both imports and exports capital.As a consequence,the past investment policies are no longer suitable for the new situation.Based on this knowledge,the article studies and analyses the present Environmental Protection Clauses in International Investment Agreements and relevant cases,figures out the existing problems and puts forward my own points of view on international investments and environmental protection based on the current situation of China.Apart from introduction and conclusion,the article consists of four chapters:Chapter One introduces the background under which Environmental Protection Clauses are included into International Investment Agreements.The article explains the legitimacy and reasons for Environmental Protection Clauses being included into International Investment Agreements.Chapter Two is about the content of Environmental Protection Clauses.It mainly analyses the representative text of the investment agreements by making horizontal and vertically comparison,and sorts out the development skeleton of Environmental Protection Clauses.Chapter Three deals with the conflict and coordination between investments and environmental protection.It analyses the arbitration cases in international investments,finds out the root of the conflict and bring forward solutions.Chapter Four is mainly about the practice,deficiency and solution in this aspect in China.It studies the practice in China,figures out the deficiency and proposes strategies that are in line with Chinese realities.