The Paradigm Optimization and Application of the"National Security"Clause in International Investment Agreements
The issue of national security has become a major variable in affecting the adjustment and evolution of the international pattern and order and the sovereign states'anxieties over the national security are gradually spreading.The"national security"clause in international investment agreements(ⅡAs)correspondingly emerges with increasingly blurred boundaries of its interpretation and application and has suffered functional alienation,which brings such risks as the decreased cost of national breach ofⅡAs and the frustrated development of investment facilitation and liberalization.In order to ensure that the"national security"clause persistently plays its role of"safety valve"as the"legal method clause"of the international legal system on investment,it is urgent to optimize its paradigm from the perspective of balancing investment promotion and national interest protection.In this regard,it is recommended to attach the self-determining nature to the"national security"clause and link the clause to the host country's domestic security review of foreign investment,thus paying equal attention to both subjective and objective conditions of applying the clause,at the same time,to explicitly impose the requirement of good faith performance and the obligation of appropriate compensation to the host country in the text,thus further enhancing the expectation of its practicality of such clause from sovereign states and private investors.Such kind of optimization method could restrain the generalization of"national security"to a certain extent and achieve the balance between development and security,opening up and security by strengthening the two-way interaction between international rule of law and domestic rule of law.
International Investment AgreementNational SecuritySecurity Review of Foreign InvestmentISDS MechanismForeign-related Rule of Law
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