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近年来在国际投资中,直接征收逐步减少,而间接征收日益增加。除了经济上由于资源价格的上涨会使一些东道国采取征收手段外,近年来由于国家在健康、环保等公共利益问题上行使国家管理权而导致间接征收的发生。在法律层面上,由于国际双边投资协定中间接征收规则所存在的诸多不确定性,如间接征收定义的不统一、投资定义的不断扩大和复杂等,也容易导致间接征收的发生。我们必须注意到这些国际实践可能对我国投资保护的影响。
In recent years, in international investment, the direct collection has been gradually reduced, while the indirect collection has been increasing. In addition to the economic means that some host countries will adopt the means of expropriation due to the increase of resource prices, in recent years indirect indirect expropriation has taken place because of the State’s exercise of state management over the public interest in health and environmental protection. At the legal level, due to the many uncertainties in the indirect expropriation rules in BITs, such as the non-uniform definition of indirect expropriation, the ever-expanding and complicated investment definition, etc., indirect accruing can easily result. We must note the possible impact of these international practices on the investment protection in our country.