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在传统国际投资法中,国民待遇原则仅适用于外资进入后阶段,而近年来,随着经济全球化的深入发展,准入阶段国民待遇已经成为发达国家缔结国际投资条约的普遍条款。但是,大部分发展中国家对此尚持迟疑态度。因为准入阶段国民待遇会大大削弱国家对外资的传统管辖权,进而对国家的经济主权造成影响和冲击。对于最大的发展中国家我国而言,在自由化进程中,应把握住这把双刃剑,有条件和渐次推进准入阶段国民待遇,为社会主义经济建设发挥其应有的作用。
In the traditional international investment law, the principle of national treatment is only applicable to the post-entry stage of foreign investment. In recent years, with the deepening of economic globalization, the national treatment during the admission phase has become the universal clause for developed countries to conclude international investment treaties. However, most developing countries are still hesitant about this. This is because the national treatment during the access phase will greatly weaken the traditional jurisdiction of the state over foreign capital and thereby affect and impact the country’s economic sovereignty. For our country, the largest developing country, in the process of liberalization, we should seize this double-edged sword and conditionally and gradually push forward the national treatment during the entry-entry phase and play its due role in the socialist economic construction.