Title Page
ABSTRACT
Contents
Chapter 1. International Investment Rules and Climate Management Mechanism 11
1.1. The Formation of an International Legal System to Address Climate Change 11
1.1.1. Background 11
1.1.2. Development 13
1.2. The Efforts International Investment Agreements make to Address Climate Change 18
1.2.1. North American Free Trade Agreement 18
1.2.2. World Trade Organization 19
1.2.3. Other International Investment Agreements 21
1.3. Tension in International Investment Rules and Climate Governance Mechanisms 23
Chapter 2. Climate Governance Disputes in the Practice of International Investment Arbitration 30
2.1. National Treatment and Most-favored-nation Treatment 31
2.2. Fair and Equitable Treatment 34
2.3. Expropriation and Indirect Expropriation 42
Chapter 3. The Reform of the Clause about Climate Change in International Investment Agreements 50
3.1. To Stipulate Climate Change Policy in Preamble 52
3.2. To Develop Substantive Standard of Investment Protection 55
3.3. To Add Escape Clause of Investment Protection 59
Chapter 4. The Solution to the Conflict between Global Climate Governance and International Investment Rules 64
4.1. The Efficacy Hierarchy of International Climate Management Rules and Investment Rules 65
4.2. Rational Interpretation of International Investment Agreements 73
4.3. The State's Control over Climate Governance 82
Chapter 5. Practical Approaches to Make International Investment Treaty Conducive to Dealing with Climate Change 85
5.1. To Reduce the Risk of Investors Submitting Disputes with Host Countries to International Arbitration 87
5.2. Making International Investment Treaties Help Host Countries Adopt Climate Change Policies 92
5.3. Making International Investment Treaties Help Promote Climate-friendly Investment 94
5.4. Introducing Host Country Counterclaim Mechanism 96
Conclusion 99
References 105