国际投资领域国民待遇原则适用的例外分析

国民待遇原则作为一项相对待遇标准,其法律价值和意义不仅在于防止歧视性,还意味着适用于本国投资者的所有法律体系都将同样适用于外国投资者.本文通过对国际投资法实践中国民待遇原则适用的例外规定的具体分析,认为国民待遇适用的投资政策性和一致性,势必要求东道国尤其是发展中国家,慎重选择国民待遇的适用范围,明确例外规则的重要性,从而制订出适合本国国情的投资政策.

An Analysis of the Exception to the Application of National Treatment Principle in International Investment Area

As a relative treatment standard, the legislative value and significance of national treatment principle lie not only in preventing discrimination, but in all legislative systems being applied to foreign investors as well as to the home investors. By a specific analysis of exceptional rules to the application of national treatment principle in the practice of international investment law, the paper suggests that the consistency of investment policies of the application of national treatment surely call for host countries, especially developing countries to be careful in choosing the application scope of national treatment and fully understand the importance of exceptional rules, in order to set up the investment policies which are fit for the home conditions.