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TPP协定的投资规则在很大程度上代表了国际投资法规则的最新动态和前沿趋势。在美国的主导下,TPP协定以美国《2012双边投资协定(BIT)范本》作为投资谈判的主要模本,以负面清单模式撬动了各成员国市场进一步开放。TPP投资章节采取美国惯常主张的准入前待遇标准,要求给予各方投资者准入前的国民待遇和最惠国待遇,对禁止性业绩做出了详尽规定。比较而言,我国的《自贸试验区负面清单》与TPP协定各国承诺的负面清单仍有一定差距。一是针对外国投资者的股份限制较多,二是条款数量仍比较多,三是制造业领域限制相对较多,四是透明度水平不高。此外,TPP确定了更加开放直接的争端解决机制,与我国签署的中韩以及中澳FTA中的相关规则有一定差距。综上,应及时把握国际投资规则的新发展,尽快形成符合新时期需求的、具有我国特色的国际投资规则。
The TPP’s investment rules largely represent the latest developments and trends in the international investment law rules. Under the guidance of the United States, the TPP agreed to take the 2012 BIT model as the main model for investment negotiations and used the negative list model to further open up the markets of member countries. The TPP investment chapter adopts the pre-admission treatment standard that is commonly accorded in the United States. It requires investors of all parties to give pre-access national treatment and most-favored nation treatment and make detailed provisions on prohibited performance. In comparison, there is still a gap between the “Negative List of Free Trade Areas” in our country and the negative list promised by countries under the TPP. First, there are more restrictions on shares held by foreign investors. Second, the number of articles is still relatively large. Third, there are relatively few restrictions in the manufacturing sector. Fourth, the level of transparency is not high. In addition, the TPP has determined a more open and direct dispute settlement mechanism and lags behind the relevant rules signed by China in the FTA between China and South Korea and China and Australia. To sum up, new developments in international investment rules should be grasped in time to form an international investment rule with Chinese characteristics that meets the needs of the new period as soon as possible.