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作为中国最大的境外投资BOT项目,密松水电开发项目被搁置不仅使中国投资蒙受巨额损失,也给中缅双边经贸合作造成了巨大影响。停滞数年的项目至今仍无有效解决方案,说明中国政府和企业以传统的手段和途径来解决国际投资争端,即政治外交和友好协商,存在明显的局限性。中方应尽量弱化搁置项目可能造成的政治影响,诉诸法律手段,善用国际法律规则,尽快启动法律程序,追究缅甸政府的违约行为和违反条约项下公平公正待遇的法律责任。
As China’s largest overseas investment BOT project, the shelving of the Myitsone hydropower development project not only caused huge losses to China’s investment, but also caused tremendous impact on the bilateral economic and trade cooperation between China and Myanmar. Projects that have been stalled for several years still have no effective solutions to date. This shows that there are obvious limitations to the Chinese government and enterprises adopting traditional methods and means to solve international investment disputes, namely, political diplomacy and friendly consultation. China should try to weaken the possible political impact of the suspension of the project, resort to legal measures, make good use of international legal rules, initiate legal proceedings as soon as possible, investigate the Myanmar government’s breach of contract and violate the legal responsibilities for fair and equitable treatment under the Treaty.