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中加两国签署了经过长期努力达成的双边投资协定。但由于加方未能完成国内批准手续,这个本来会促进双边投资关系的协定尚在等待其无法预测的生效时刻。与中国学者、潜在的中国投资者和参与协定谈判的官员的预期相反,加拿大国内涌现出该协定还需要进一步审查的流行观点。简单地对该协定与加拿大双边投资条约计划下的其他投资协定进行比较,就会发现该协定并无殊异之处,而事实上其给予投资者的优惠还不及《北美自由贸易协定》中的投资专章。对加拿大国内针对该协定的批评意见进行分析,会进一步发现这些批评的不靠谱,因为它们要么源于对该协定的误解,要么则是出于政治偏见。文章最后指出,无论根据以《维也纳条约法公约》第18条为表征的习惯国际法规则,还是根据公法学家的论述,都表明已签署但未批准的条约具有一定的效力,即在等待该协定生效的过程中,加拿大有义务抑制针对中国投资者的违反中加双边投资保护协定宗旨与目的的行为。
China and Canada signed the bilateral investment agreement that has been reached through long-term efforts. However, since Canada failed to complete its domestic ratification procedures, this agreement, which would have promoted bilateral investment relations, is still waiting for its unpredictable moment of entry into force. Contrary to the expectation of Chinese scholars, potential Chinese investors and officials involved in the negotiation of the agreement, there is a prevailing view in Canada that the agreement needs further review. A simple comparison of this agreement with other investment agreements under the Canadian BIT Treaty reveals that there is no difference between the agreement and the fact that the concession given to investors is not as favorable as the NAFTA agreement Investment chapter. An analysis of criticisms within Canada that dealt with the agreement will further reveal the unreliability of these criticisms either because they originate from a misunderstanding of the agreement or from political prejudice. The article concludes by pointing out that neither the norms of customary international law represented by article 18 of the Vienna Convention on the Law of Treaties, nor those of public lawyers, indicate that the signed but unapproved treaty has the effect of waiting for the agreement In the process of entry into force, Canada is obliged to curb acts against Chinese investors that violate the purposes and objectives of bilateral investment protection agreements between China and Canada.