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在保护国际投资的国际法规范中,双边投资条约的历史最长,而且比较行之有效.大体说来,有这样三种形式:(1)友好通商航海条约.这是缔约国在友好的政治前提下,针对通商航海事宜签订的条约.(2)投资保证协议.这一模式是由美国开创,因此又称“美国式投资保证协议”,通常采用换文形式,其目的是预先作出明文规定,确认美国海外投资保证机构的代位求偿权.”中华人民共和国和美利坚合众国关于投资保险和投资保证的鼓励投资协议和换文”简称“中美协议”就属这一类型.(3)促进和保护投资协定.这是联邦德国、瑞士、荷兰等欧洲国家以友好通商航海条约中有关促进和保护海外投资的事项为中心内容,同其他国家签订的专门性的双边协定.由于联邦德国在这方面一直处于领先地位,这类协定又被称为“联邦德国式促进和保护投资协定”.“中华人
Among the norms of international law that protect international investment, the history of bilateral investment treaties is the longest and more effective. In general, there are three forms: (1) The Treaty of Amity and Merchant Navigation, which is a treaty on the basis of friendly political conditions (2) Investment Guarantee Agreements, a model created by the United States and therefore also known as the “American Type Investment Guarantee Agreement,” usually in the form of an exchange of letters, whose purpose is to make express provisions in advance to confirm that the United States Overseas Investment Guarantee Agency Subrogation Rights “Encouraged Investment Agreements and Exchanges between the People’s Republic of China and the United States of America on Investment Insurance and Investment Guarantees” (“Sino-American Agreement”) are of this type. (3) Agreement on Promotion and Protection of Investment This is the special bilateral agreement signed with other countries focusing on matters concerning the promotion and protection of overseas investment in the friendly trade and navigation treaty between the European countries such as the Federal Republic of Germany, Switzerland and the Netherlands. As the Federal Republic of Germany has been leading the way Status of such agreements, also known as the “Federal German-style Promotion and Protection of Investment Agreement.” "Chinese