Promoting green overseas investment under the Belt and Road Initiative is necessary for global environmental protection in response to climate change,and sustainable investment.However,there are legal dilemmas in international investment law regarding the imperfect environmental provisions in BITs,the complexity of environmental protection and climate change issues in international invest-ment arbitration,and the imbalance between investor rights and the protection of the host country's public interest.In the domestic law arena,there are legal dilemmas such as the imperfection of the host country's judicial system and the limitation of the"exhaustion of local remedies principle",as well as the inadequate domestic legislation on environmental protection for outward investment.As a major coun-try with two-way investment,China should establish a paradigm of"sustainable development clauses"in BITs,reasonably apply the"exhaustion of local remedies principle",and build a legal system for green overseas investment.In the domestic law arena,China should strengthen the top-level design of o-verseas investment basic law,establish the principle of supplementary application of domestic law,ex-pand the jurisdiction of domestic courts over environmental disputes involving overseas investment,en-hance the ESG environmental compliance capacity of overseas investment enterprises,and fulfill envi-ronmental and social responsibilities.
关键词
"一带一路"倡议/绿色对外投资/用尽当地救济/环境保护/可持续发展条款
Key words
Belt and Road Initiative/Green Overseas Investment/Exhaustion of Local Remedies/Environmental Protection/Sustainable Development Clauses
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