Panda and Singapore on Commercial Arbitration: Analysing Environmental Protection Clauses in International Investment

Journal: Modern Economics & Management Forum DOI: 10.32629/memf.v5i6.3372

Haiwei Zhang

Hainan University, Haikou 570228, Hainan, China

Abstract

As the principle of sustainable development and the concept of community of human destiny have gradually become the consensus of the international community, environmental protection in international investment has been paid more and more attention by the international community. This paper analyses the case of Singapore Asiaphos Corporation v. China using a case study approach. The author points out that the main problems facing environmental protection in international investment are the unclear distinction between foreign control and indirect expropriation, and whether foreign investors can be treated fairly and equitably. The author gives recommendations to improve environmental protection provisions, environmental enforcement and related measures and procedures, and gives insights into China's different capacities as a host country and an investor in order to cope with the increasingly stringent environmental protection in international investment.

Keywords

environmental protection clause, indirect taxation, fair and equitable treatment

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