双边投资条约可持续发展原则研究

Study on the Principles of Sustainable Development of BITs

可持续发展原则自1987年在《布伦特兰报告》中首次提出后,通过历次环境会议和相关文件逐渐扩大了影响力,已然成为一项国际法原则。与此同时,双边投资条约作为国际投资法的重要渊源,纳入可持续发展原则的呼声越来越高。无论是条约序言中可持续发展目标的明确表达,抑或是传统条款完善可持续发展的例外情形,乃至是条约中新增环境条款、人权条款,无一不彰显了双边投资条约对于可持续发展原则的积极态度。我国作为兼具“投资输入国”、“投资输出国”双重身份的新兴经济体,在双边投资条约的订立过程中,也愈来愈注重可持续发展原则的体现。

The principles of sustainable development have been adopted since they were first introduced in the Brundtland Report in 1987. The relevant documents have gradually expanded their influence, and the principle of sustainable development has become a principle of international law. At the same time, BITs, as important sources of IIA, embody this trend. Whether it is the explicit expression of the SDGs in the preamble of the treaty, or the expropriation clauses of traditional clauses, the exceptions to the improvement of sustainable development, or even the addition of environmental clauses and human rights clauses to the treaties, all of them demonstrate the positive attitude of BITs to the principles of sustainable development. As an emerging economy with the dual identities of “investment importer” and “investment exporter”, China has paid more and more attention to the embodiment of the principle of sustainable development in the process of formulating China’s bilateral investment treaties.