ECJ倡议的内在缺陷及国际投资法体系的变革方向

从发展中国家和发达国家的角度来看,ECJ都是一种有瑕疵的建议.它的缺点对于发展中国家来说尤为严重,因为它从根本的角度忽略了发展的层面.发展中国家运用现有的双边协定比接受ECJ的多边协定更加适当.虽然现有的乌拉圭FDI体制相比于ECJ更加恰当,但是从发展的角度讲,前者有着重大缺陷,国际社会应当对此缺陷给予即时关注并采取补救措施.

An Analysis of the Proposed ECJ Regulatory Regime

ECJ is a flawed proposal both from the perspective of developing and developed countries.Its shortcomings are particularly serious with respect to developing countries as it essentially ignores the developmental dimension altogether.Developing countries would be better off with their existing bilateral treaties(BITs) than with a multilateral agreement of the kind represented by ECJ.The paper has,however,emphasized that although the current post-Uruguay Round FDI regime is to be preferred in relation to the ECJ,the former has,nevertheless severe deficits from a developmental perspective which need prompt attention and rectification by the international community.