论国际投资法实体规范的生成

Observations on the Emergence of the Substantive International Law on Foreign Investment

晚近 ,国际投资关系中南北矛盾的发展出现新动向 ,发达国家凭借其实力 ,不遗余力地在全球贯彻“急骤的、绝对的与作为目的加以追求的国际投资自由化”主张。在法律层面上 ,他们积极推动国际条约的签订、其他国际文件的制订以及影响有关的国际裁判 ,以求投资法律规范的“国际化” ,并且竭力促使跨国投资法律规范的实体内容朝着有利于外国投资者及其母国的方向发展。对此 。

The last 20 years have seen the change of the contradiction between the South and the North in the area of international investment. Developed countries have spared no efforts to implement the policy of liberalization of international investment. They maintained that it should be prompt, thoroughgoing and purpose-built. As far as the legal approaches go, the concluding of international investment treaties, the drafting of other international documents and the awards of international arbitration play an active role in their pursuit of the above-mentioned goal. As a result, legal rules on the investment are internationalized and the substance of such rules undergoes a transformation in favor of foreign investors. Developing countries should make a good assessment of the international and domestic situation so as to take effective measures in response to this change. [WT5HZ]