国际投资条约中的根本安全例外条款是保护一国国家安全利益的最重要条款,但直到晚近在针对阿根廷的许多投资争端案件中才受到国际投资法学界的关注。根本安全例外条款的可仲裁性和可补偿性是争议的焦点问题。无论是自行判断之根本安全例外条款还是非自行判断之根本安全例外条款,国际投资仲裁庭都倾向于肯定它们具有可仲裁性质。对于该条款的可补偿性,国际投资仲裁庭的裁决相互矛盾,根源在于该条款的实质是风险分担问题。 The Fundamental Security Exceptions clause in IIAs is the most important provision that protects the national security interests of a country, but it was not until recently found in many investment dispute cases against Argentina that it was of concern to the international investment law community. The arbitrability and compensability of the fundamental security exception are the focus of the controversy. Whether it is an inherently safe exception to its own judgment or a non-self-determining fundamental safe-exception clause, the IIA tends to affirm their arbitrarily character. The arbitrability of the provision is mutually inconsistent with the arbitration tribunal’s decision, which stems from the fact that the substance of the provision is risk-sharing.