国际法的人本化趋势与国际投资法的革新
刘笋国际法的人本化趋势与国际投资法的革新
Trend of the Humanization of International Law and the Innovation of International Investment Law
期刊名称：《法学研究》
期刊年份：
作者：刘笋
单位：中南财经政法大学法学院
中文关键词：国际法人本化;环境保护;人权保护;国际投资法;国际投资条约
英文关键词：humanization of international law;environment protection;human rights protection;international investment law;international investment treaty
中文摘要：
国际法的人本化要求国际社会不仅要关注跨国经济交往带来的经济增长和社会福利的增加，而且要关注和解决经济活动所伴生的环保问题和人权问题。现有的多数国际投资条约，无论从实体法还是从程序法视角来考察，都无法适应人本化的需求，也无助于与投资相关的人权、环保等社会价值的实现，因而导致了近年来一系列的相关改革。改变现有投资条约过分偏袒投资者而忽略东道国管辖权及与投资关联的各种社会价值的立法导向，强化投资者的社会责任，给予东道国政府及其国民直接依据国际法追究跨国公司社会责任的权利和机会，将是未来国际投资法革新的重要内容。
英文摘要：
The humanization of international law means that the international community should not only concern the economic development and the growth of social welfare brought by transnational economic exchanges, but also pay attention to the environmental problems and human rights issues caused by economic activities. Whether from the perspective of substantive law or procedural law, most international investment treaties can’t meet the needs of humanization.From the perspective of substantive law, the investment treatment clauses and the expropriation clauses are designed obscurely and it is very easy for investors to interpret these clauses very broadly. This constitutes a serious threat to the exercise of legislative, judicial and administrative power of host countries in the field of human rights protection and environment protection. It can even produce “chilling effect” on the future legislation of host countries.From the perspective of procedural law, the investment arbitration system under the current investment treaties has many obvious defects, and host countries have to face more and more economic cost and risks because of the more and more arbitration cases. The citizens of host countries can’t protect their interests in the field of human rights and environment rights through the current dispute settlement mechanism and the legitimacy crisis of the investment arbitration system is becoming more and more prominent.Therefore, reform is urgently needed and some reforms have been adopted in some countries in the field of international investment law. The tendency of international investment treaties which shows partiality for investors and ignores the jurisdiction of host countries and the social values associated with the international investment should be changed. Strengthening the social responsibility of international investors, and giving the governments of host countries and their citizens the chances and rights to call the multinational corporations to account for their social responsibilities directly according to the international law will be important contents of the innovation of the international investment law in the future.
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