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双边投资保护协定是各国保护企业海外投资利益的重要工具,也是中国构建海外投资利益保护机制的核心与关键内容。当前,中国与“一带一路”沿线国家之间的双边投资保护协定多是上世纪八九十年代签订的,这一时期中国主要从投资东道国立场出发,缔结的双边投资保护协定内容较为保守与谨慎,对投资者提供的投资保护程度相对较低。中国当前亟须与相关的“一带一路”国家启动双边投资保护协定的“升级”谈判,并在对中国与“一带一路”国家双向投资的实际情况及潜在趋势进行定量和定性评估基础上缔结“平衡范式”的双边投资保护协定。
Bilateral investment protection agreement is an important tool for protecting the interests of overseas investment in all countries and is also the core and key component of China’s mechanism for the protection of overseas investment interests. At present, most bilateral and bilateral investment protection agreements between China and countries along the “Belt and Road” are signed in the 1980s and the 1990s. During this period, China mainly concluded its investment in the host country and concluded the agreement on bilateral investment protection more conservatively And cautious, to investors to provide a relatively low level of investment protection. China urgently needs to negotiate with the related “Belt and Road Initiatives” countries to initiate “promotion” negotiations on bilateral investment protection agreements and carry out quantitative and qualitative analysis of the actual situation and potential trends of bilateral investment in China and the Belt and Road countries On the basis of qualitative assessment, an agreement on bilateral investment protection concluded by “balanced paradigm”.