FDI国民待遇标准若干问题探析

On Certain Problems of FDI 's National Treatment Standard

国民待遇是许多双边投资协定和多边投资协议明确规定的最重要的外国直接投资(FDI)待遇标准之一。它涉及国民待遇的本质和适用对象、范围及例外等诸多问题。发达国家和发展中国家对此争议颇多。由于与政治、经济上的一些敏感问题密切相关,国民待遇难以完全达到。在国际投资实践中,各国依投资的不同阶段而采取不同的态度,而且在授予外资国民待遇时均不同程度地保留了例外。中国也应当推行符合本国国情的国民待遇。

The national treatment is one of most important treatment standards for FDI which are explicitly stipulated in many bilateral investment treaties and multilateral investment agreements. It involves some problems such as its essence, its object, its domain, its scope, its exception and so on. There exist many disputes between the developed countries and the developing countries. Because it is closely related to some sensitive political and economical issues, the national treatment standard cannot be achieved completely. In the international investment practice, different countries had different attitude to it in the different investment stage, and retained various degrees of exception in according national treatment to FDI. China should also carry out a kind of national treatment conforming to its present situation.