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间接征收这一新概念背后隐藏的是国家经济主权与投资者权益的矛盾与冲突,在国际投资自由化的大背景下,目前国际层面上普遍存在偏袒投资者利益的习惯做法。间接征收的认定,也即划分国家管理措施与间接征收的界限问题,对平衡双方利益显得极为重要,认清这些认定规则,对广大发展中国家根据本国实际情况采取应对策略具有重要意义。
What is hidden behind the new concept of indirect expropriation is the contradiction and conflict between the economic sovereignty of the country and the rights and interests of investors. Under the background of the international investment liberalization, there are common practices in the international community that favor the interests of investors. The determination of indirect expropriation, that is, the demarcation of the boundary between state management measures and indirect expropriation, is of paramount importance for balancing the interests of both parties. A clear understanding of these rules of accreditation is of great significance to the developing countries in taking countermeasures according to their actual conditions.