Balance, Sustainable Development, and Integration: Innovative Path for BIT Practice

Zeng Huaqun

Journal of International Economic Law, 2014, vol. 17, issue 2, 299-332

Abstract: Bilateral investment treaties (BITs) have emerged as one of the most remarkable recent developments in international law and the hot topic of international lawyers. The author indicates that in the history of BIT practice, there is an issue on imbalance and/or un-equality between developed states and developing states due to historical and practical reasons. Under the economic globalization the main clauses of BITs have been further developed to the traditional track elaborately designed by developed states, providing high level substantial and procedural protection and aiming at ‘investment liberalization’ for the interests of developed states and their overseas investors. For correcting the imbalance and un-equality of traditional BIT practice and reconstructing the international investment regime, states and international society have to reach consensus by concepts of ‘balance’, ‘sustainable development’ and ‘integration’, draft new model BITs and conduct new BIT practice.

Date: 2014
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