Research On The Investment And The Environmental Clauses Of EU-Canada Comprehensive Economic And Trade Agreement

With the further development of human civilization,it is obviously that human have deep influence on the natural environment.People pay more attention to environment protection.We need give attention to coordinate development between human activities and environment."Sustainable development"has become the common purpose of human development.Every country has the corresponding environmental protection regulations,in order to maintain and improve the existing environment level.However,as the capital market expanding,the global economy towards integration also striding development.Economic ties between countries more and more closely,each other’s capital flow is becoming more and more frequent.In order to reduce the constraints of trade protectionism for economic development of different countries,It is supposed to have capital’s biggest benefit,promote the common progress of human society,let the economic development completely dominated by the market economy development.Between Countries begin to reduce tariffs,intended to promote trade talk about free trade.With bilateral agreements and multilateral agreement to achieve success,it is unceasingly through along with the international free trade development.Investor and the host country produce continuously on the interests of investors and environmental protection friction.For instance,because of the different national power,the technical level of different,different ideas of environmental protection,economic benefits of different,different angles and so on.In order to promote the sustainable development of trade and investment.Environmental provisions have been rich on BIT and FTA in the international community.I hope that these laws and regulations to regulate the behavior of each other,make the economic and environmental coordinated development.But compared with the investment protection clause,environmental protection clause is still in a relatively weak position.The European Union and Canada respectively as a representative of the American and European of two investment system on September 2014.The two kinds of investment programs mix well.The negotiation of EU-Canada comprehensive economic and trade agreement(CETA)has achieved completely success after five years.CETA is known as the most successful investment agreement.We can know that both of free trade development has opend up the wider world.During the study,the author used the methods of comparative analysis,combined with the study of history,literature analysis.From environmental rules of CETA,we need study on the existing rules of international investment environment,in order to promote our country to join in the investment agreement standard recognition of the importance of environmental terms.China need to have the advanced idea to gain the negotiations of economic and trade from European Union and America.So that we can create a better development for Chinese investors.The text of this paper is divided into six chapters,the main contents are as follows:The introduction of the first chapter describes the development of the environmental clause of international investment agreements.Analysis of the reasons for the inclusion of environmental protection provisions in international investment agreements.Through contrastive analysis we can know change and progress in the international investment agreement,for instance,legislative forms,solid content,environmental regulation scope and application.We can get the development from nothing,from single to diversified,from soft law to hard Law,from fuzzy to clear and normative objects,from the countries want to personal development.The second chapter describes the negotiations background of CETA,because of the lagging of multilateral trade negotiations,the needs of economic expansion in the European Union,The United States to negotiation of TTIP.After five years of tough negotiations,the agreement within the main is determined,particularly introduces the protocol of investment rules.A brief statement is made for this agreement after implementation of the European Union and Canada bring the huge economic and social benefits.The third chapter mainly explains the entity stipulation and the procedure stipulation of the CETA environmental clauses that related to trade.At first,the article introduces the characteristic and content of the CETA’s system on environmental rules,the system provide more detailed and abundant information than other Bilateral Investment Treaty.Then it is introduce the entity stipulation of the CETA environmental clauses.From the aim of decision and scope of application on CETA environmental clauses,it tells the relationship with the Multilateral Environmental Agreements,we should promote the high level of environment protection.At last,we can compare the environmental clauses from other BIT with CETA.It shows the progress of the CETA environmental clauses.Then the article explains the procedure stipulation of the CETA environmental clauses,it is emphatically introduces the environmental dispute settlement mechanism,we can learn from the following four aspects:domestic remedy,public information,negotiation mechanism and technical panel.The fourth chapter introduces the investment and coodinated development of CETA.At first,it introduces the investment rules of CETA and the environmental clauses that related to the investment rules.As follows,the investment need to maintain protection level,we need to increase restriction of the environmental clauses in the market access conditions,we need to focus on retention and exceptions of the investment that related to the environment,environment protection measures belong to general exception of collection,it also emphasizes obligation of investors on the key areas of environmental protection.From the fifth chapter we can through CETA to understand the environmental clauses of the Bilateral Investment Treaty of China.We can compared it with CETA,our country’s existing investment treaties have some deficiencies in the environmental clauses.For instance,being lack of a unified legislative model,concept of fuzzy,environmental terms is not fine,environmental regulation is not strong,the right of public participation is weak.Suggestions are put forward to build legislative model,environmental regulation right,public participation,indirect expropriation.we can understand the necessary reason that improve and prefect the clauses of environmental protection.From the last chapter,we are able to learn from CETA,so we know how to improve and prefect legislation of the environmental clauses of the Bilateral Investment Treaty of China.We can get some reference and enlightenments from CETA,so that we can have a better understanding of advantages and disadvantages of china enhance the environmental clauses of the Bilateral Investment Treaty.It tells us not only the positive impact of intensify the environmental clauses,but also face the challenge that according to intensify the environmental clauses.So we need to put forward suggestions of perfecting our country’s environmental legislation rules according to CETA relagutions.we have to increase the clauses of environment protection,establish a unified legislative mode,then we need to strength the host country’s environmental relagutions and application of domestic laws,we need to reserve the entity stipulation of dispute settlement,we also need to establish the principle of public participation,it increases the exception of environment on investment regulation,we need to unify the basic elements of indirect expropriation.I hope that our country is able to handle the relationship of the environment protection and the international investment.I wish the research on our country’s future investment negotiations have a very good guidance significance.