中外双边投资协定中公共健康问题研究

Research on Public Health Issues in Bilateral Investment Treaties between China and Foreign Countries

由于经济全球化速度加快,各国间的经济交往更加频繁,国际投资成为经济发展的重要一环。在国际投资的过程中就不可避免的涉及东道国公共健康问题。各国之间为了促进和保护投资而缔结了投资协定,但遍观世界上的投资协定,对于公共健康保护并没有一个明确的规定。尤其自新冠疫情爆发以来,世界经济经历了跳水式的暴跌,在此基础上投资者与东道国之间的矛盾不断激发,更能体现出公共健康的重要性。我国长久以来都在努力吸引外资,虽然与其他国家签订了许多投资协定。但从协定内容来看,并不能很好地平衡我国公共健康与投资者投资利益,虽然我国目前没有出现与公共健康相关的投资争端,但还是应该防患于未然,完善中外投资协定中公共健康保护问题。

Due to the acceleration of economicglobalization, economic exchanges between countries are more frequent, and internationalinvestment has become an important part of economic development. In the processof international investment, it is inevitable to involve the host country’spublic health problems. Investment agreements are concluded between countriesto promote and protect investment, but investment agreements around the worlddo not have a clear provision for public health protection. In particular,since the outbreak of COVID-19, the world economy has experienced a nose-dive.On the basis of this, conflicts between investors and host countries have been aroused,which highlights the importance of public health. Our country has been tryingto attract foreign investment for a long time, although we have signed manyinvestment agreements with other countries.However, from the content of the agreement, it is not able to balance thepublic health of China and the investment interests of investors.Although there is no investment dispute related to public health in China, weshould prevent it and improve the public health protection in the sino-foreigninvestment agreement.