国际投资协定中安全例外条款的研究

Abstract

The security exception clauses in international investment agreements, as a special expression of the exception rule in the treaty, are a necessary attribute of national sovereignty and have the dual significance of macro-flexibility and micro-balancing. In recent years, due to the particular importance attached by each country to its own national security and the increasing popularization of the concept of national security, security exception clauses have appeared in an increasing trend in international investment agreements and judicial cases. Nevertheless, such clauses are suspected of abuse both in stipulation and application. By summarizing the provisions of safety exception clauses in the texts of international investment agreements by China and other countries, it is believed that there is room for improvement in the setting, number, and content of the clause. Proposing targeted solutions will contribute to the sound development of the application of security exceptions in the field of international investment in China.