补贴与国际投资的关系及与国际立法趋势的冲突

投资鼓励措施在本质上是一种补贴 ,应当归属WTO管辖范畴。广泛存在的投资鼓励措施与当今国际投资立法的大趋势是相冲突的 ,与国际投资自由化要求的市场准入、国民待遇等核心规则不符合 ,并产生了扭曲投资的消极后果。投资鼓励措施与补贴与反补贴措施协议的冲突 ,揭示出逐步消除投资鼓励措施是全球经济一体化和国际投资自由化的必然要求 ,也是WTO多边贸易体制的要求。

The Relationship between Subsides and International Investment and Conflicts between Subsides and the Tendency of International Legislations

From the perspective of international investment law, this article attempts to analyze the influence of the 1994 Agreement on subsidies and countervailing measures (SCM Agreement) on the polices and regulations of international investment. While this article is not to be a comprehensive interpretation of relevant WTO legal texts, it highlights the conflicts of investment incentives and the SCM Agreement and makes some suggestions. The article analyzes the function of investment incentives on the absorbing and encouraging foreign investment and explores the relationship between the investment incentive measures and the subsidies, suggesting that they are the same thing. There exist many conflicts between the investment incentive polices and the tendency of today's investment legislation, not only on the level of national legislations but also on the international legislations. The article also analyzes the influence of the WTO SCM Agreement on the future international investment law, suggests that we must abolish the investment incentives in the future in order to meet the needs of the liberalization of international investment.