With the emergence of increasingly acute geo-economic and trade disputes,a growing number of countries have adopted"self-judging"security exception clauses in international investment agreements(IIAs)in order to safeguard their own essential security interests and the host country's right to regulate.The"self-judging"security exception clauses has gained wide acceptance through the development of the United States bilateral investment agreements,but no uniform provisions have yet been formed in IIAs.The openness of the concept of national security has led to divergent interpretations and applications of the justiciability,"self-judging"and standard of review of security exception clauses in practice,thus exacerbating the legitimacy crisis of investment arbitration.By clarifying the review standards of investment arbitration tribunals in security exception clauses and the current situation of BITs signed by China,we put foward corresponding suggestions for China to improve the security excep-tion clauses in IIAs and safeguard the national security interests and the legitimate rights and interests of overseas investors.
关键词
国际投资协定/安全例外条款/自裁决性/审查标准
Key words
International Investment Agreements/Security Exception Clauses/Self-Judging/Standard of Review
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