Research on Environmental Protection Clauses in International Investment Agreements
DOI:
https://doi.org/10.63313/LH.9002Keywords:
International Investment Agreement, Balance of Interests, Environmental Protection ClauseAbstract
With the development of economic globalization, international investment has promoted global economic growth, but it has also brought about issues such as environmental pollution. In recent years, influenced by the concept of sustainable development, international investment agreements have gradually strengthened environmental protection clauses to eliminate the negative impacts of investment on the environment and promote green development. The United States and European countries have respectively promoted green investment by setting up environmental chapters and integrating investment clauses, forming unique models. These models have effectively promoted the mutual reinforcement between environmental protection and economic development, providing experiences for the world to address environmental challenges.However, there are still deficiencies in the environmental clauses of China's existing international investment agreements, such as the lack of systematicness, ambiguous wording, and incomplete specific provisions, which make it difficult to meet the requirements of sustainable development. Therefore, China should draw on the experiences of the United States and Europe, improve the environmental clauses, ensure that the principles of environmental protection are clear, strengthen the specific provisions, establish a sound dispute settlement mechanism, and promote cooperation in resolving environmental disputes.
References
[1] Zhen, L. L. (2023). The Changes of Environmental Clauses in Regional Trade Agreements over the Past Thirty Years. Legal Review, p. 153.
[2] Zhang, W. (2010). On the Environmental Rules in International Investment Agreements and Their Evolution: A Review of the Changes and Legislation of China's International In-vestment Agreements. Research on International Business, p. 60.
[3] Jiang, X. H. (2019). On the New Development of International Investment Law: From the Perspective of How International Investment Treaties Promote Sustainable Development. Hebei Law Science, p. 50.
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