主权财富基金投资准入法律规范研究

近年来主权财富基金投资活动备受国际社会关注,然而关于其投资准入的国内法及国际法规范却凸显局限和缺陷。美国等国设立了专门机构和特别规则以严格限制主权财富基金投资领域及其准入审批标准,而我国目前尚未设置此种专门机构和审批规则,亟需完善;BIT对主权财富基金投资准入的保护存在诸多不足,OECD国家的相关法律规范较之更为完备,表现出相关国际法规范的缺位和不统一。这些都影响了主权财富基金投资流动,故而世界各国需要共同努力完善主权财富基金投资准入规范。

Study on Legal Rules about the Investment Access of Foreign Sovereign Wealth Funds

The investment activities of foreign sovereign wealth funds have attracted much attention recently,yet internal and international legal rules about the access of such investments have many deficiencies.The United States and other countries set up special institutions and rules so as to strictly restrict the investment areas and investment access standards for approval,which are still not available in China.Internationally,BIT’s protection for such investment access rights is obviously not sufficient,while legal rules of OECD countries are much improved,which reflects great discrepancies and defects of the related international law.All of these adversely affect free flow of investment of foreign sovereign wealth funds,and the international community has to improve rules about the access of such investments together.