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为在投资条约实践中确立公平价值,应当加强南北对话,建构发展中国家与发达国家之间的共同利益。此外,发展中国家本身也应当不断加强能力建设,并在相互之间的投资条约实践中进行更加广泛和深入的合作。中国过去作为发展中国家中最大的资本输入国,在投资条约实践中一直是公平价值的倡导者。现在,中国已经成为世界第三大资本输出国,兼具资本输入国和输出国的双重身份,这种地位的改变,不应成为中国抛弃公平价值的理由。在今后的投资条约实践中,中国仍应坚定地秉持公平价值取向,这既符合中国的利益,也符合缔约伙伴的利益,是一种多赢的选择。
In order to establish fair value in the practice of investment treaties, dialogue should be strengthened between North and South and the common interests between developing and developed countries should be established. In addition, developing countries themselves should also continuously strengthen their capacity building and conduct more extensive and in-depth cooperation in their mutual investment treaty practice. As the largest capital-importing developing country in the past, China has always been an advocate of fair value in investment treaty practice. Now that China has become the third largest capital-exporting country in the world with the dual identities of both capital-importing and exporting countries, this change in status should not be a reason for China to abandon its fair value. In the future investment treaty practice, China should still firmly uphold the fair value orientation. This is not only in the interest of China but also in the interests of the contracting partners. It is a win-win choice.