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大量的外资并购往往严重威胁东道国的经济安全,利用国家干预管制外资并购成为国际社会通行的做法,但是过多政府干预又有可能违反有关国际法律制度中的国民待遇原则。所以,东道国在控制外资并购中的干预行为应该有合法的界限:凡是国际投资法和国际竞争法已为成员国设定国民待遇义务的领域,东道国无权再在该领域实施歧视性管制措施;东道国的内外有别的歧视性管制措施只能在国际投资法和国际竞争法还未设置国民待遇义务的领域实施。
A large number of foreign mergers and acquisitions often threaten the host country’s economic security seriously, and the use of state intervention in controlling M & A by foreign investors has become a common practice in the international community. However, too many government interventions may violate the principle of national treatment in relevant international legal systems. Therefore, there should be a legitimate boundary between host countries’ interventions in the control of M & A in foreign countries: any areas in which international investment law and international competition law have already set national treatment obligations for member states have no right to impose discriminatory controls in that area; There are other discriminatory controls both inside and outside the host country that can only be implemented in areas where international investment law and international competition law do not yet have a national treatment obligation.