Research On Human Rights Protection Of Host Countries In Bilateral Investment Agreements

With the continuous deepening of economic globalization,international investment liberalization,as a general consensus,has been continuously integrated into the theory and practice of international investment law.However,in reality,because of the conflict of interest between investors and host countries,many problems have arisen in bilateral investment agreements.In particular,the increasing number of disputes between investors and host countries over the protection of human rights has led to the emergence of conflicting points between the two separate branches of international law,international investment law and international human rights law.In practice,economically developed countries will to a large extent rely on their strong position as capital exporting countries,forcing capital importing countries to passively accept high standards of human rights and their use of high standards of human rights to infringe on investors’ interests To a certain extent,it will hinder the normal development of the concept of international investment liberalization,which is not conducive to the long-term development of economic globalization.This article starts with the reality of human rights protection in the countries of bilateral investment agreements,explains the essential relationship between international investment law and international human rights law,and collects the relevant provisions of human rights protection in the countries of current bilateral investment agreements.Then,from the actual bilateral investment agreement clauses and actual cases,three problems were found,including:excessive standards of human rights protection in the host countries of bilateral investment agreements,excessive abuse of human rights protection in the host countries of bilateral investment agreements,and Legal obstacles to human rights protection in BIT countries.Through an in-depth discussion of existing issues,we find that the protection of human rights stipulated in bilateral investment agreements constitutes an "investment barrier" to a certain extent and is not conducive to the free flow of international investment between countries.Therefore,the third part mainly explores the path selection of human rights protection issues in the host countries of bilateral investment agreements,mainly including: the removal of relevant human rights protection clauses in bilateral investment agreements,the careful use of human rights as a request for international investment disputes,and the strengthening of human rights related standards Cooperation.Finally,based on China’s perspective,by studying the overall situation of human rights protection of China’s signing of bilateral investment agreements with foreign countries,this article explores how China should deal with human rights protection issues in the countries of bilateral investment agreements.No matter in academics or in practice,human rights issues are essentially within the scope of domestic law.As economically developed countries use human rights as an excuse to build "investment barriers",which frequently damages investors,it only rises.To the level of international economic law.Therefore,we should take a positive and rational look at the indirect relationship between international human rights law and international investment law,so as to promote the protection of investors’ interests to a certain extent,especially from the perspective of China ’s current “Belt and Road”.We should oppose the penetration of human rights in bilateral investment agreements,so as to better maintain the liberalization of international investment.