Research On The Legal Issues Of The Protection Of The Interests Of Host Countries In International Investment Arbitration

The protection of the interests of the host countries is an important issue in the study of the international investment arbitration system,and the reason is that the international investment arbitration tribunal has unreasonably infringed on the interests of the host countries.The main purpose of the international investment arbitration system is to protect the interests of investors,and its system design obviously follows the example of international commercial arbitration.However,with the development of international investment practices,the improvement of relevant systems and the increase in the number of investment treaties,investors are no longer in the absolute weak position.In this case,the current situation of the relationship between the host countries and investors is no longer in line with the premise and background of the establishment of the international investment arbitration system,which leads to the harm of the host countries’ interests in international investment arbitration.At the same time,due to the limitations of the original system designers’ understanding of the nature of international investment,it was not realized that some of the rules of the system that were born out of international commercial arbitration were not suitable for application in international investment arbitration.In order to solve this problem,the author studies many systems and treaty provisions in the field of international investment,and makes a concrete analysis of the problems existing in the relevant important articles and systems.In the first part,the meaning of the term "interest" in this paper is clarified,and the present situation of the damage to the interests of the host country and the reasons why the arbitral tribunal tends to protect the interests of investors.The second part mainly focuses on the issues in the international investment treaty analysis,the arbitration tribunal to make expansion interpretation of the fair and equitable treatment clause,most-favored-nation treatment clause and umbrella clause analysis,and combined with the case of a detailed analysis of the arbitral tribunal for the aforementioned provisions to expand the interpretation of the path,while the treaty provides for inadequate exceptions to the analysis.The third part analyzes the path of the arbitral tribunal’s interpretation of jurisdiction expansion,which analyzes the personal jurisdiction,personal jurisdiction,the expansion mode of time jurisdiction and its consequences.At the same time,the pre-conditions for the jurisdiction of the arbitral tribunal,that is,the jurisdiction of the limits of several ways are also listed in detail,and combined with the case analysis.The fourth part mainly analyzes the causes of arbitrariness of arbitral awards,including the lack of transparency in arbitration proceedings and the formalization of the mechanism of set-adjudication.The fifth part gives the solution to the problems raised in the second,third and fourth parts,but the solution does not limit the main body to China.Because the lack of protection of the interests of host countries is a problem in the field of global investment,and this problem is not a single country can solve,the need for the joint efforts of all sectors of international society.The protection of the interests of the host countries is an issue worthy of attention in the field of international investment,although the problem is due to the "pain" caused by the malposition of the international investment dispute settlement system and the development of practice,but the research done is of great significance to promote the development of various international investment systems.