Study On The "prudential Carve-Out Measures" Clause In The Bilateral Investment Treaty

In order to attract more international investment,countries have taken action to strengthen the protection of investors.The bilateral investment treaties has been gradually evolved from the friendship commerce navigation treaties,which refers to the agreement between the two countries to promote investment and protection investment,which is the primary source of international investment law.However,in the recent international investment arbitration,ICSID is undoubtedly biased in favor of investors,the host country is not a small loss.States are aware of the need to set certain exceptions to defend their right to take measures to manage them.The financial crisis in 2008 has made governments aware of the enormous power of systemic risk in the global financial industry.If we want to effectively reduce the risks in the financial sector and maintain the stability of the domestic financial system,we must further strengthen the financial regulation rights of the host countries,The status of the terms is becoming more important.This paper examines the prudential carve-out in bilateral investment treaties and provides useful advice for future negotiations on bilateral investment treaties.This paper is divided into three chapters:Chapter 1: This part mainly combs the origin,development and current situation of prudential carve-out clause,and analyzes its connotation.And then discuss the need to set up prudential carve-out in bilateral investment agreements,followed by the analysis of two different prudential carve-out in investment agreements and the reasons behind the current status quo.Chapter 2: This section focuses on the controversy over the application of prudential carve-out clause,including how to identify prudential carve-out measures,the relationship between prudential supervision and Prudential carve-out measures,the Basel Committee,the International Securities Regulators' Organization and the International Insurance Regulatory And how to limit the prudential carve-out clause,and also to analyze the expert report in the case of Argentina-Measures Relating To Trade In Goods And Service and its impact on the application of future financial prudential exception provisions.Chapter 3: The content of this part is the analysis of the current situation of the relevant prudential carve-out in China,focusing on the analysis of the articles on prudential carve-out in the Sino-Canadian Bilateral Investment Protection Agreement.Canada as a developed country,and is one of the earliest f prudential carve-out clause to join the bilateral investment treaties in the country,its prudential carve-out to China has an important reference.Finally,the author put forward his own proposal on how to set up the prudential carve-out in our country.