Due to the lack of coordination between international investment law and international tax law,many contracting parties in the negotiations of old-generation international investment agreements(lAs)lacked a full understanding of the impact of these agreements on tax measures.As a result,old-generation IIAs often have deficiencies in addressing tax matters,thereby challenging the tax sovereignty of host countries.In recent years,an increasing number of countries have introduced standalone tax carve-out provisions in IIAs,and the United Nations Conference on Trade and Development has increasingly focused on the impact of IIAs on tax measures,calling for strengthened coordination between investment and tax policymakers.Therefore,it is necessary for China to explore more efficient ways to improve the tax carve-out provisions in its network of IIAs,making them more balanced,coordinated,and consistent.
传统和现行的国际投资协定十分强调投资者保护,让东道国单方面承担义务而忽略了投资者对等的责任问题。具体而言,存在投资者滥用权利、东道国追责被动化及企业社会责任条款任意化的问题。在国际投资协定实体规则方面,应进一步加强投资者义务法定化,守好合理承担责任的边界。在投资者–国家间争端解决规则方面,应着重赋予东道国提请仲裁资格、提高投资者启动仲裁门槛及重视理性投资者裁量标准,从而避免投资者和东道国的利益对立化,实现二者之间的责任平衡。Traditional and current international investment agreements place great emphasis on investor protection, placing unilateral obligations on host countries while ignoring the issue of reciprocal investor liability. Specifically, there are problems of abuse of rights by investors, passive accountability of host countries and arbitrary corporate social responsibility clauses. In terms of the substantive rules of international investment agreements, the legalization of investor obligations should be further strengthened, and the boundary of reasonable liability should be maintained. In terms of Investor-State dispute settlement rules, emphasis should be placed on granting the host state the right to submit arbitration, raising the threshold for investors to initiate arbitration and attaching importance to the rational investor discretion standard, so as avoid the antagonism of the interests of investors and the host countries and achieve a balance of responsibilities between the two.
