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自20世纪80年代以来,发展中国家对外国投资的态度发生了巨大变化,纷纷制定或修改本国的外资法律,并积极向外缔结双边或多边的投资条约。我国学者也曾对外资国有化及其补偿问题有过较为集中的论述,但是随着赫尔原则的出现以及针对外资实施国有化现象的逐渐减少,有关国有化问题的探讨也逐渐减少。然而,仍有一些国家以国有化作为国家实现经济发展目标最为直接有效的手段。2000年以来,许多国家开始加强对能源和矿藏的控制并走上了能源国有化道路,此前,津巴布韦政府就表示将接管津国境内所有的钻石矿开采活动。解决国有化对外国投资者造成的影响并提出相应的法律对策是目前国际投资法中值得探究的一个问题。
Since the 1980s, the developing countries have undergone tremendous changes in their attitudes toward foreign investment. They have all formulated or amended their own laws on foreign investment and have actively concluded bilateral or multilateral investment treaties. Scholars in our country also made a focused discussion about the nationalization of foreign investment and its compensation. However, with the appearance of Hull’s principle and the gradual reduction of the nationalization of foreign investment, the discussion on nationalization also gradually declined. However, there are still some countries that use nationalization as the most direct and effective means by which the country achieves the goal of economic development. Since 2000, many countries began to step up their control of energy and mineral resources and embarked on the nationalization of energy. Afterwards, the Zimbabwean government said that it will take over all the diamond mining activities in Tianjin. To solve the influence of nationalization on foreign investors and to put forward legal countermeasures is a question worth exploring in current international investment law.