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近年来,越来越多的国际投资协定开始纳入环境条款。这些条款包含概括性地提及环境保护的条款、确认缔约国采取环境规制措施的权利以及不降低环境标准的义务的条款、例外条款、环境保护的程序性条款、处理投资协定与环境协定的关系的条款、有关投资者及其投资的环境义务的条款等类型;这些环境条款的内容也更加具体,约束力有所增强,发展中国家也更多参与,并出现了从约束国家到约束跨国公司的萌芽。然而,这些环境条款的弱点也非常明显,不仅从总体上环境条款的数量不足,而且现存条款也具有效力不高、用语软弱等等弱点,使得大多数环境条款只能处于“软法”地位。
In recent years, more and more international investment agreements have begun to incorporate environmental provisions. These include general provisions referring to environmental protection, articles identifying the State party’s right to adopt environmental regulatory measures and obligations that do not reduce environmental standards, exceptions, procedural provisions of environmental protection, addressing the relationship between investment agreements and environmental agreements The terms of the investor and the environmental obligations of their investment and other types of investment; these environmental provisions are more specific, more binding, developing countries are also more involved, and there has been from binding the country to bind multinational corporations bud. However, the weaknesses of these environmental clauses are also obvious. Not only the overall number of environmental clauses is not enough, but the existing clauses also have the weakness of weak effectiveness and weak language, which makes most of the environmental clauses can only be in “soft law” status.