The Expanding Trend of Essential Security Interests Clause in International Investment Agreements and China's Response
In recent years,many countries have included the self-judging essential security interests clause in the International Investment Agreements(IIAs)and expanded the application of the clause by generalizing the concept of"national security",which has shown an obvious expansion trend.This clause provides justification for the institutional competition of Western countries on the grounds of"national security"and has become a principle to be applied first to some extent.It can be argued that the expansion of the concept of"national security"from traditional security to non-traditional security and the lack of unified standards for self-judging and the application of articles in the practice of arbitral tribunals have led to the expansion of the application of clauses.At present,China has dual identity as both capital importing and exporting country.Under the guidance of the"holistic national security concept",the essential security interests clause should be further improved by affirming the host country's self-judging right,but not to deny the third party's right to review;by formulating the principle of applying"good faith"clause,and to transfer the necessary jurisdiction to the arbitral tribunal;by adding the procedural obligation of notice and explanation to the clause.
essential security interests clausenational securityIIAsholistic national security concept
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