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近年来,投资准入自由化的立法模式为越来越多的多边投资协议所采纳,投资准入自由化的一个重要表现就是将国民待遇和最惠国待遇有限制地沿用到外资准入阶段,NAFTA、ECT、CAFTA-DR即是代表。中国-东盟自贸区的《投资协定》也体现了投资自由化的趋势,但是仅将最惠国待遇沿用到外资准入阶段,而对外资准入阶段的国民待遇避而不谈。多边外资准入阶段的国民待遇和最惠国待遇正引起广泛关注,成为热点问题。
In recent years, the legislative model for the liberalization of investment access has been adopted by more and more multilateral investment agreements. An important manifestation of the liberalization of investment access is to limit national treatment and the most-favored nation treatment to the stage of foreign investment access. NAFTA , ECT, CAFTA-DR is the representative. The “Agreement on Investment” of the China-ASEAN Free Trade Area also reflects the tendency of investment liberalization. However, MFN treatment is applied only to the stage of admittance to foreign investment, while the national treatment of the stage of admittance to foreign investment is avoided. The national treatment and the most-favored-nation treatment during the phase of multilateral foreign investment access are drawing wide attention and becoming a hot issue.