有人认为涉外出让土地合同属于涉外经济合同,适用《涉外经济合同法》。但笔者以为涉外土地出让合同应该属于政府的特许协议的一种形式,其争执应适用解决国际投资争议的有关法律。这是因为:《涉外合同法》规定涉外合同的国内一方主体是我国的企业或其它经济组织。而土地出让合同国内一方当事 Some people think that the contract for the sale of land involved in foreign-related economic contracts, applicable “Foreign Economic Contract Law.” However, the author believes that the contract for the transfer of foreign-related land should belong to a form of government concession agreement, and the disputes should apply to the relevant laws for resolving international investment disputes. This is because: “Foreign Contract Law” stipulates that the main domestic party to a foreign-related contract is a Chinese enterprise or other economic organization. The land transfer contract domestic party