加拿大外國投資法中外資審查的“淨效益”標準探析

An Analysis of the 'Net Benefit' Standard for Foreign Investment Review in Canadian Foreign Investment Law

“淨效益”（net benefit）是加拿大外國投資審查制度所特有的概念，最早出現於1985年《加拿大投資法》。根據該法規定，重大的外國投資必須經過審查確定其對加拿大具有“淨效益”時才能在加拿大實施，從而使得“淨效益”成為加拿大外國投資審查中的重要標準。隨著《加拿大投資法》的發展，特別是加拿大國家安全審查建立之後，原本具有模糊性的“淨效益”審查標準的內涵似乎變得更為神秘，國內學者對於其內涵的理解也存在一定誤區。本文從“淨效益”審查標準的歷史沿革出發，在對相關法律規定進行歸納分析的基礎上，並結合具體審查案例，探究“淨效益”標準的內涵、作用及意義，並釐清“淨效益”審查標準與“國家安全”的關係，以求準確把握加拿大外資法中外資審查的“淨效益”審查標準。 Net benefit' is a concept unique to the Canadian Foreign Investment Review System, which first appeared in its 1985 Investment Act. In accordance with the law, foreign investment must be reviewed to determine its 'net interest' to Canada before investing in Canada, so the 'net interest' has become an important criterion for Canadian foreign investment review. With the development of the Canadian Investment Law, especially after the establishment of the Canadian National Security Review, the connotation of the original 'net interest' review standard seems to be more mysterious, and domestic scholars have some misunderstanding about its connotation. In order to accurately grasp the 'net profit' review standards of foreign investment review in Canada, this paper explores the connotation, function and significance of the 'net interest' standard and clarifies the relationship between the 'net benefit' review standard and 'national security', based on the analysis of the relevant legal provisions and some specific review cases.

Net benefit' is a concept unique to the Canadian Foreign Investment Review System, which first appeared in its 1985 Investment Act. In accordance with the law, foreign investment must be reviewed to determine its 'net interest' to Canada before investing in Canada, so the 'net interest' has become an important criterion for Canadian foreign investment review. With the development of the Canadian Investment Law, especially after the establishment of the Canadian National Security Review, the connotation of the original 'net interest' review standard seems to be more mysterious, and domestic scholars have some misunderstanding about its connotation. In order to accurately grasp the 'net profit' review standards of foreign investment review in Canada, this paper explores the connotation, function and significance of the 'net interest' standard and clarifies the relationship between the 'net benefit' review standard and 'national security', based on the analysis of the relevant legal provisions and some specific review cases.