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BOT(Build-Operate-Transfer,即建设—经营—转让)投资方式自20世纪80年代全球兴起以来,目前已经成为国际上流行的投资合作方式,受到了各国政府的重视,而在整个BOT投融资方式中占据着举足轻重地位的又是BOT特许协议,整个项目的建设和经营都是紧紧围绕这个协议进行的。特许协议因解释或执行产生发生争议。只要不是关于东道国政府和外国投资者基本关系或者根本问题,根据协议规定较易解决。但是如果是东道国单方面修改或者废除契约而引起争议,则很复杂,这就涉及到特许协议的性质、效力、主体及法律适用等复杂问题。而各国的学者对这些问题都存在着不同的看法和主张。该文主要对特许协议的法律性质这一核心问题进行分析和探讨。
BOT (Build-Operate-Transfer) Investment Mode Since the rise of the world in the 1980s, it has become an internationally popular mode of investment and cooperation and has received the attention of governments of all countries. However, investment in the entire BOT Way occupies the pivotal position is the BOT concession agreement, the entire project construction and operation are closely around this agreement. The concession agreement arises from the interpretation or execution. As long as it is not about the basic or fundamental problems between the host government and foreign investors, it is easier to resolve under the agreement. However, it is complicated if the host country unilaterally revises or abolishes the contract, which is complicated. This involves complicated issues such as the nature, effectiveness, subject and application of the law of the concession agreement. However, scholars from various countries have different opinions and opinions on these issues. This article mainly analyzes and discusses the core issue of the legal nature of the concession agreement.