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用尽当地救济原则是接受投资之东道国维护国家经济主权的有力武器,但是,《华盛顿公约》把用尽当地救济从传统国际公法中“放弃需明示”的公认适用规则改变为“要求需明示”。而且,在仲裁庭的实践中对“岔路口条款”和“最惠国待遇条款”作了规避用尽当地救济原则的解释。这就对用尽当地救济原则形成了三大挑战,我国应该积极就此采取相应的对策。
The exhaustion of local remedies is a powerful weapon for host countries to accept investment in safeguarding the economic sovereignty of the country. However, the Washington Convention changed the exhaustion of local remedies from the accepted rule of thumb in traditional public international law to the requirement of “ Need to express ”. Moreover, explanations of the principle of exhaustion of local remedies were made in the practice of arbitral tribunals on the provisions of “Forking Clauses ” and “Most-Favored-Nation Treatment Terms ”. This has resulted in three major challenges in exhausting the principle of local remedies. Our country should take the appropriate measures in this regard.