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在国际投资实践中,东道国常常采取鼓励性投资措施以扩大吸收外资,由于这类措施直接或间接影响国际贸易的正常流向和流量,违反了WTO促进世界贸易自由化的根本宗旨,因此成为WTO法律框架所规范的内容。一项违反国民待遇原则的鼓励性投资措施,如果对货物贸易产生严重的限制与扭曲作用,且属投资者为获得利益而必须遵守,则符合TRIMs协议禁止的投资措施的构成要件;世贸组织解决有关投资争端的国际实践已突破TRIMs协议清单所列明的五种情况,将鼓励性投资措施纳入了TRIMs的范围。同时,补贴性的投资鼓励措施亦受到SCM协议的约束。
In international investment practice, host countries often take encouraging investment measures to expand foreign investment. As such measures directly or indirectly affect the normal flow and flow of international trade, they violate the fundamental purpose of WTO to promote world trade liberalization and become WTO law The framework of the content. An investment incentive measure that violates the principle of national treatment, if it has serious restrictions and distortions on the trade in goods and must be observed by investors for the benefit, is a component of the investment measures prohibited by the TRIMs agreement. The WTO resolves International practice on investment disputes has broken through the five situations outlined in the list of TRIMs agreements and has included incentives for investment in the scope of TRIMs. At the same time, subsidized investment incentives are also subject to the SCM agreement.