英文摘要 |
The national security review over the merger and acquisition by foreign investor is an exercise of state sovereignty. However, if the country concludes investment treaties with other countries, it is under an international obligation to protect foreign investment. National security review is a measure taken in the admission phase of foreign investment. The review could be a violation of national treatment, MFN treatment and fair and equitable treatment promised in the investment treaties. It could also constitute indirect expropriation. However, the provision on the protection of essential security interests in the investment treaty could not fully exclude the potential wrongfulness of the measure of national security review. To protect the host state from being sued to international arbitration by foreign investor, some investment treaties specifically exclude the disputes related to the review from the application of investor-state dispute settlement mechanism. Whether to exclude national security review from the future China-U. S. investment treaty depends on the national interests and political willing of the two countries. As far as China is concerned, it seems better to exclude it. |