新一轮全球投资规则变迁的应对策略——以中美投资协定谈判为视角

How to Respond to a New Round of Changes in Global Investment Rules——Based on the China-US Negotiations of Investment Agreement

金融危机后,世界经济治理机制进入变革期,美国谋求在新一轮经济全球化中主导全球贸易、投资规则的制定,中国存在被边缘化的风险。积极推动中美双边投资协定谈判,是中国适应从国际贸易大国转向国际投资大国的变化,主动参与国际投资规则制定的战略选择,也可以创造新的开放、改革红利。在中美投资协定谈判中,就关键问题"准入前国民待遇+负面清单"达成一致后,中国还面对公平竞争原则、投资权益保护、利益交换等许多分歧,因此需要抓紧列举"负面清单"内容,保障公平竞争,提高国际投资保护待遇标准,依法制定保护公共利益的政策,加快改革外资管理体制投资审批制度。

After the financial crisis, global economic governance system has entered a period of changes, and the US has sought to lead formulation of global trade and investment rules in the new round of economic globalization, exposing China to the risk of being marginalized. Actively promoting China-US negotiations of bilateral investment agreement is a strategic choice for China to adapt to changes in its status--from an international trade power to an international investment power, and to actively participate in the international investment rulemaking, it can also create new openness and reform dividends. In the negotiations, after a consensus is reached on key issues, namely, ＂pre-establishment national treatment with a ＇negative list＇ approach＂, China still have disagreements with the US over many issues, such as fair competition, protection of the rights and interests of investment, and interest exchange, so it needs to promptly decide the ＂negative list＂, safeguard fair competition, improve the protection standards for international investment, formulate policies for protecting the public interests in accordance with the law, and speed up the reform of the management and examination and approval system of foreign investment.