英文摘要 |
After the ICSID case ‘Mr. Tza Yap Shum v. The Republic of Peru’ in 2006, and the case ‘Sanum Investments Limited v. The Lao People’s Democratic Republic’, the question of ‘Do bilateral investment treaties signed by the People’s Republic of China apply to Hong Kong Special Administrative region & Macao Special Administrative Region?’ is on heating discussion. Based on divergent reasoning approach, tribunals and courts in these two cases drew different conclusion. This article holds the view that looking thought the evidences appeared in the two cases, and analyzing them under rules of international law on the space application of treaties, the conclusion is bilateral investment treaties signed by the People’s Republic of China apply to Hong Kong SAR &Macao SAR. If China has made opposite arrangement in its domestic law, it should take measures to make such arrangement in accordance with international law. |