Abstract:
With the increasing concern about environmental issues and the dispute over the investment and environment in practice, US bilateral investment treaties are constantly adjusted. The US revised the terms on environment in the 2012 model BIT based on the legislative mode in the 2004 model BIT. It strengthened the protection of the environment, specified the environmental rights and obligations, added the terms on the public participating in environmental protections, affirming the roles of environmental treaties and improving the terms on procedures of solving the environmental disputes, etc. However, it attached far more importance to the protection of the investors' interests than the protection of the environment. To truly realize the coordination between the interests of the international investment liberalization and environmental protections, it is necessary to establish the aim of the sustainable development, introduce the environmental evaluating mechanisms, highlight the role of environmental experts in solving the disputes, coordinate the conflict between the investment and environment agreement and clarify the obligation of investors, etc.