《中歐全面投資協定》中的國家間爭端解決機制：內容、特點與影響

State-State Dispute Settlement Mechanism in China-EU Comprehensive Agreement on Investment: Scope, Features and Impact

《中歐全面投資協定》（CAI）涵蓋了四種類型的國家間爭端解決機制，除了國家間爭端解決一般規定外，還專門納入了可持續發展爭端解決、補貼爭端解決、投資委員會對於緊急和重要事項的解決規則。CAI中的國家間爭端解決機制呈現出全面性、專業性和靈活性的特徵，也在一定程度上反映了國家間爭端解決機制的“回歸”。在當前投資者—東道國爭端解決機制面臨改革的背景下，CAI中的國家間爭端解決機制會成為其他國家商簽投資協定的垯本。但是，與投資者—東道國爭端解決機制相比，國家間爭端解決機制具有更強的政治性特徵，特別是在勞工爭議等問題的解決上，它的運用會使有關爭端更具“政治化”色彩。我國應特別關注CAI生效後歐盟以勞工問題為由啟動國家間爭端解決機制的可能性，避免爭端解決的“政治化”；同時，也要注意投資協定與其他國際協定或國際法機制協調運作，共同促進國際投資法制的發展。

The China-EU Comprehensive Agreement on Investment (CAI) covers four types of state-state dispute settlement mechanisms. In addition to the general state-state dispute settlement provisions, there are also specifically sustainable development dispute settlement provisions, settlement of issues involving subsidy, and provisions relating to the resolution of urgent and important matters by the Investment Committee. The state-state dispute settlement mechanism in CAI presents the characteristics of comprehensiveness, professionalism and flexibility, which also reflects the“return”of the state-state dispute settlement mechanism to a certain extent. In the context of the current investor-state dispute settlement mechanism facing reforms, the state-state dispute settlement mechanism in CAI can become a model for other countries to negotiate and sign investment treaties. Meanwhile, it can be seen that more disputes will be resolved through the state-state dispute settlement mechanism in the future. However, compared with the investor-state dispute settlement mechanism, the state-state dispute settlement mechanism has stronger political characteristics. Especially in the settlement of sensitive issues such as labor disputes, its application will make the relevant disputes more“politicized”. China should pay special attention to the possibility that the EU will probably launch the state-state dispute settlement mechanism on the grounds of labor disputes after the CAI takes effect, so as to avoid the“politicization”of dispute settlement. At the same time, attention should be paid to the coordinated operation of investment agreements with other international agreements or international legal mechanisms, so as to jointly promote the development of the international investment legal system.