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调整国际经济关系的惯例是国际经济法的渊源之一。改革开放以来我国逐渐提出要与国际投资惯例相接轨,但关于何谓国际惯例,国际投资惯例的内涵为何,一直众说纷纭。本文简述目前我国提出的几种国际投资惯例理论,结合关于习惯国际经济法以及国际私人商务惯例的理论,提出国际投资惯例是不包括《与贸易有关的投资措施协定》等成文公约的具有法律效力的为国际社会广泛接受的原则,例如国有化以及国民待遇原则。
The practice of adjusting international economic relations is one of the sources of international economic law. Since the reform and opening up, China has gradually proposed merging with international investment practice. However, there are divergent opinions on what is meant by international practice and what is the connotation of international investment practice. This article outlines several theories of international investment practice put forward by our country at present. By combining the theories of customary international economic law and international private business practice, it is suggested that international investment practice is a law that does not include written agreements such as the Agreement on Trade-Related Investment Measures Effectiveness is a principle widely accepted by the international community, such as nationalization and the principle of national treatment.