Research On Environmental Protection Clauses In International Investment Agreements

With the rapid development of the world economy and the deepening of trade liberalization,the defects of international investment agreements are gradually revealed.On the one hand,although the main goal of International Investment Agreements（IIAs）is to protect the investment interests of investors,the environmental protection of the host country is ignored through out the process,causing disputes between the host country and the investor;on the other hand,with the further development of Sustainable Development Concept,global environmental concerns have moved up societies’ priority lists,and environmental protection issues has draw attentions all over the world.In order to coordinate the relationship between international investment and environmental protection,countries are constantly trying to find a balance of the environment/investment relationship.Starting from the environmental protection clauses in international investment agreements and referring relevant cases in international investment arbitration practice,and learning from domestic and foreign practical experience this article attempts to provide gain an insight and make suggestions for coordinating the conflicts between investment interests and environmental interests.This article includes four chapters.Starting from the relationship between environmental protection and investment,the first chapter points out the significance of incorporating environmental protection clauses in combination with the reasons for incorporating environmental protection clauses into international investment agreements.The second chapter,for one thing,summarizes the types and main contents of environmental protection clauses in typical international investment agreements;for another,sorts out the development of environmental protection clauses in China’s foreign investment agreements.The third chapter summarizes the deficiencies of international investment agreements and the conflicts in the application of environmental clauses by analyzing the text of international investment agreements and the analysis of arbitration practice.In the fourth chapter,the author puts forward corresponding feasible suggestions for the establishment of environmental protection clauses in international investment agreements.