新时期我国投资待遇发展之检视

Investigation of Investment Treatment Development in the New Era in China

21世纪在经济全球化背景下,投资协定实践有了显著发展,其中投资待遇条款出现高标准趋势。我国双边投资协定(BIT)开始全面接受国际投资争端解决中心(ICSID)管辖,但却没有诸如“逐案审批同意”“当地救济优先”“东道国法律适用”“重大安全例外”“审慎金融监管”等安全阀。阿根廷如潮官司尚在眼前,前车之鉴,我们必须结合国际投资仲裁实践,审视自己的投资待遇条款,指导以后签订的投资协定。

In the 21st century,under the background of economic globalization,the practice of investment treaty has developed significantly,among which the investment treatment clause has a tendency of high standard.China's Bilateral Investment Treaty(BIT)has begun to fully accept the jurisdiction of the International Center for Settlement of Investment Disputes(ICSID),but there is no safety valves such as"case-by-case approval","local relief priority","application of the law of the host country","major security exception"and"prudential financial regulation".The flood of lawsuits in Argentina is still at hand,so we must combine the practice of international investment arbitration to review our own investment treatment clauses and guide the investment treaties to be signed in the future.