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间接征收已经取代传统国有化而成为晚近国际投资法的重大问题之一。而在实践和理论上,对间接征收的界定有诸多标准,尚未形成统一的意见。我国作为拥有资本输出国和资本输入国双重身份的发展中大国十分有必要了解这一国际新动向并完善我国对外投资保护协定中的征收条款。
Indirect acquisition has taken the place of the traditional nationalization and has become one of the major issues in recent international investment law. In practice and theory, there are many criteria for the definition of indirect expropriation, and no unified opinion has yet been formed. As a big developing country with the dual identities of the capital-exporting country and the capital-importing country, it is very necessary for our country to understand this new international trend and improve the levying clause in the agreement on the protection of foreign investment of our country.