Balance Of Interests Between Host Country And Investors Under Major Public Health Events

When the host country acts against the interests of investors,investors will seek remedies under bilateral investment treaties,leading to investment disputes.This thesis analyses the imbalance between the interests of host countries and investors in major public health incidents,identifies the legal issues behind it and,on this basis,proposes suggestions for optimising the substantive provisions of investment agreements and improving the dispute settlement mechanism between investors and host countries.This paper consists of three parts: introduction,body,and conclusion,and the body part includes five chapters.Chapter 1 provides an overview of the host country-investor dichotomy in the context of a major public health event.It introduces the meaning and characteristics of a major public health event,and whether force majeure,change of circumstances and contractual frustration clauses can be applied to exempt a party from legal liability in the event of a major public health event.This will provide the basis for a later analysis of the causes of the imbalance between the interests of host countries and investors.Chapter 2 deals with the conflict of interest between host countries and investors in the context of a major public health event.It analyses the reasons for the conflict of interest between host countries and investors in the traditional international investment order,as well as the kinds of actions taken by host countries in major public health events that can exacerbate the conflict of interest between host countries and investors,and discusses the adverse effects of major public health events on the relationship of interest between host countries and investors.Chapter 3 is an analysis of the feasibility of balancing the interests of host countries and investors in the context of major public health events.The common goal of achieving mutual benefit and win-win situation between investors and host countries,the guidance of the principle of sustainable development and the increasing trend of blending the identities of host countries and home countries make it possible to achieve a balance between the interests of host countries and investors,and the importance of protecting the property interests of investors,the necessity of protecting the public interests of host countries and the urgency of responding to major public health incidents provide the practical necessity to achieve a balance between the interests of host countries and investors.The importance of protecting the property interests of investors,the need to protect the public interest of the host country and the urgency of responding to major public health events provide the practical necessity of balancing the interests of host countries and investors,and therefore the need to balance the interests of host countries and investors at this particular time to maintain the normal functioning of the international investment order.Chapter 4 deals with the causes of the imbalance between the interests of host countries and investors during major public health events.By citing and comparing the existing BIT provisions of different countries,the legal issues behind the imbalance between the interests of host countries and investors during a major public health event are analysed,mainly the lack of provisions on the host country’s right to regulate,the inadequacy of fair and equitable treatment provisions,and the inadequacy of the investment dispute settlement mechanism.Chapter 5 is a proposal for balancing the interests of host countries and investors under major public health incidents.From the perspectives of optimising the substantive provisions and improving the dispute settlement mechanism,current BITs need to clarify the host country’s right to regulate public health,improve the fair and equitable treatment provisions,and improve the international investment dispute settlement mechanism,so as to prevent major public health incidents from affecting the relationship between the interests of host countries and investors and maintain a dynamic balance between the interests of the two.