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近年来,由于国际投资条约目前呈“碎片化”发展,关于投资争端解决的规定散见于各国签订的双边投资条约和自由贸易协定的投资部分。投资者与东道国间争端解决机制作为投资争端解决机制的重要部分之一发挥着重要作用。在TPP协议中规定的投资者与东道国间争端解决机制与现有规定相比有创新之处和更高的要求,比如冷静期、法庭之友和透明度的规定。我国在签订新的双边投资条约或未来加入类似于TPP的区域贸易协定时应考虑运用该机制,以平衡投资者保护与经济主权保护之间的关系。
In recent years, as the international investment treaties have now become “fragmented”, the provisions on the settlement of investment disputes are scattered in the investment components of bilateral investment treaties and free trade agreements signed by various countries. Dispute settlement mechanism between investors and host countries plays an important role as one of the important parts of the investment dispute settlement mechanism. The dispute settlement mechanism between investors and host countries set forth in the TPP agreement offers innovations and higher requirements than existing ones, such as cooling-off periods, friends of the courts and transparency. China should consider using this mechanism when signing a new bilateral investment treaty or joining a regional trade agreement similar to the TPP in the future in order to balance the relationship between investor protection and economic sovereignty protection.