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欧盟综合性国际投资政策的实施是近年国际投资法领域最重大的发展之一。2009年《里斯本条约》生效后,外国直接投资成为欧盟的专属权能。依据新增加的权能,欧盟决定将国际投资协定的范围扩至投资自由化条款、投资保护条款和可持续发展条款,逐步取代成员国缔结的双边投资协定。《欧盟—加拿大综合经济和贸易协定》和《欧盟—新加坡自由贸易协定》是实施新政策后最先签署的综合性国际投资协定。相较于成员国双边投资协定,新的欧盟投资协定引入了诸多革新举措,意在实现投资者利益和缔约国公共利益的再平衡,增强投资争端解决机制的合法性。中欧双方晚近投资协定的实践日益趋同,但在具体规则层面,仍然有不少差别。这些差别可能成为中欧投资协定谈判中的焦点。
The implementation of the EU’s comprehensive international investment policy is one of the most significant developments in the field of international investment law in recent years. After the entry into force of the Lisbon Treaty in 2009, foreign direct investment became the exclusive authority of the EU. Based on the newly added powers, the EU decided to extend the scope of the IIA to the terms of investment liberalization, investment protection and sustainable development and gradually replace the bilateral investment treaties concluded by member states. The EU-Canada Comprehensive Economic and Trade Agreement and the EU-Singapore Free Trade Agreement are the first comprehensive international investment agreements to be signed following the implementation of the new policy. Compared with the BITs of member states, the new EU investment agreement has introduced many innovative measures aimed at rebalancing the interests of investors and the public interest of Contracting Parties and enhancing the legitimacy of the investment dispute settlement mechanism. The practice of recent investment agreements between China and the EU is becoming more and more similar, but there are still many differences in the specific rules. These differences may become the focus of negotiations on the EU-China Investment Agreement.