国有化或征收及其补偿的理论和实践问题历来是国际投资法的重大争议问题,也是南北双方存在重大分歧的问题,它直接关系到一国的经济主权甚至国家经济安全。晚近的发展表明,尽管发达国家所主张的“赫尔公式”和发展中国家所主张的“适当补偿”标准都未形成习惯国际法,但国有化或征收的权力已不是无条件的主权权力,国家在行使这项权力时应满足一定的条件。在经济全球化的大背景下,发达国家不仅始终强化自己的主张,而且正通过各种途径挑战发展中国家的此项权力,并进而挑战发展中国家的经济自主权。为此,发展中国家必须未雨绸缪,制定相应的对策,以便更好地参与经济全球化。 The issue of theory and practice of nationalization or expropriation and its compensation has always been a major issue of controversy in the international investment law and also a problem of major differences between the two sides. It is directly related to the economic sovereignty of a country and even its economic security. Recent developments show that although neither the “Hull formula” advocated by the developed countries nor the “adequate compensation” standards advocated by the developing countries have formed a customary international law, the nationalization or expropriation of power is no longer an unconditional sovereign power. The exercise of this power should satisfy certain conditions. In the context of economic globalization, the developed countries have not only always strengthened their own opinions, but are also challenging the powers of developing countries through various channels and thereby challenging the economic autonomy of developing countries. To this end, developing countries must take precautions and formulate corresponding measures in order to better participate in economic globalization.