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为解决与融资有关的环境与社会问题,实现通过鼓励会员国特别是发展中会员国私营企业的增长来促进全球经济的可持续性发展之宗旨,国际金融公司(IFC)制定了环境与社会可持续性绩效标准。该标准不仅通过IFC固有的三种业务运营方式不断地向会员国和客户渗透,还以赤道原则的形式相继为各大银行所接受和遵守,已然成为项目融投资领域的一种国际惯例,在特定情形下具备了法律约束力。为提升利用外资的综合质量,我国应将其列为今后加强外资社会性规制的首要参考依据。并且,随着当前“一带一路”战略的推进,我国企业海外投资遭受的风险类型渐由传统的国有化、征收和内乱等政治风险向各种新型的环境与社会风险转变。我国更应认真借鉴绩效标准在防范和化解环境与社会风险方面的理念与经验,从国内法和国际法两个层面对之加以吸纳,以减缓中资企业在东道国因当地环境和社会问题带来的投资障碍,确保海外投资又快又好地发展。
In order to solve the financing-related environmental and social problems and to achieve the objective of promoting the sustainable development of the global economy by encouraging the growth of private enterprises of Member States, especially those in developing member countries, IFC has formulated the “ Persistent performance standards. This standard not only penetrates to member countries and customers through the three kinds of business operations inherent to IFC, but also has been accepted and followed by major banks in the form of the Equator Principles. It has become an international practice in the field of financial investment in projects. Specific circumstances have a legal binding. In order to enhance the comprehensive quality of foreign investment, our country should list it as the primary reference for strengthening the social regulation of foreign investment in the future. Moreover, with the current ”Belt and Road" strategy, the types of risks suffered by Chinese enterprises overseas investment gradually shift from the traditional nationalization, expropriation and political risks such as civil strife to various new types of environmental and social risks. China should conscientiously reference the concept and experience of performance standards in preventing and resolving environmental and social risks and absorb them from both the domestic and international levels in order to reduce the risk brought by Chinese-funded enterprises in the host country due to local environmental and social problems Investment barriers to ensure that overseas investments develop quickly and well.