英文摘要 |
In the case of Bilcon v. Canada, the question of protecting investor’s legitimate expectations and the defence of host state’s political risks caused heat discussion in international investment law. Investment arbitration practice focused on the effective source of legitimate expectations and the tension between investor’s expectations on stability of general laws and policies and host states’ right to regulate. Hence, China, in the course of designing investment clause, should clarify the scope of legitimate expectations and consider the possibility of incorporating political risks into the exception clause, so as to protect investors’ interests and reserve the necessary space for host states to implement laws and policies. |