The Legal and Practical Issues of Environmental Protection Provisions in International Investment Law

Abstract

International investment is an important form of cooperation between countries. International investment mainly in the form of investment agreements, through the signing of treaties to effectively protect the interests of investment importing countries and host countries. However, environmental problems are inevitable during the process of economic development. The deterioration of the environment will bring harm to the country and the whole world. This paper focuses on the legal and practical issues on environmental protection provisions in the area of international investment law, by means of analysing previous cases. Conclusively, these legal issues include vacancy in the specific context of environmental protection clauses, ambiguity of application and lack of legally binding force. As for practical issues, lack of evidence, lack of supervision and defeat in the evidence on compliance with environmental regulations are discussed in this paper. In closing, this paper also offers some suggestions to solve the issues mentioned above.