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本篇paper代写- International investment law讨论了国际投资法。国际投资法是调整国际私人直接投资关系的国内法规范和国际法规范的总和，属于国际经济法的一个分支部门。国际投资法之所以只是调整国际私人直接投资关系，是因为这一关系最具有国际投资性质，经过相关法律调整后又具有国际公私法兼容的国际经济法性质。本篇paper代写由51due代写平台整理，供大家参考阅读。

At present, the basic principles of international investment law exactly what, relatively chaos, formulation of specialized research. According to incomplete statistics, there are principles of sustainable development, the principle of national treatment, cancel the limit principle, principle of investment direction in line with the state industrial policy, investment main body status of the principle of equality, investors and the state and public interests coordination principle, the principle of investment decision-making is consistent with the investment responsibility, etc. Affect the jin-song yu is the professor's point of view, in his view, the most important principles of international investment law, there are two: one is permanent of natural resources, the state sovereignty principle, this principle is developing countries in their struggle for the establishment of a new international economic order to establish the important principle of international law, at the UN general assembly, through a series of resolutions are concrete embodiment, it is the principle of national sovereignty in the field of international investment law, according to the principle of countries can take legal action to foreign investment protection and control, not subject to any foreign interference, so this principle forms the foundation of international investment law; Secondly, the principle of equality and mutual benefit, equality and mutual benefit an integral and required substantial equality, the principle applies to both countries in international investment relationship, the relationship between the investors can also be applied to different countries, and between the relationship between the state and foreign investors, so it forms the foundation of international investment law.

International investment law is to adjust the international private equity relationship norms and the sum of international law, domestic law belongs to a branch of international economic law department. As a branch of international economic law, international investment law in our country in international economic and technological exchanges and cooperation play an important role. Academic circles, however, the study of international investment law basic principle, it seems, are still stay on the cognition of individual phenomenon, lack of integrity, systematic and self-contained. The author's own research experience, slightly Chen to his own opinion on this issue, expected to cause more intensive discussion.

The legal department is showing different characteristics, to a large extent depends on the nature of different legal department, legal department different regularity. Related to this, the basic principles of the legal department is different, because each has its own defined basis and significant signs. Tong said that law is the basic principle of the effectiveness of the method to implement the law is always the fundamental rules or guidelines, is the specific legal department basic criterion of legislation, law enforcement and judicial technology is a kind of overcome the limitation of law legislation. In that case, method should be based on specific definition of the basic principles of law spirit, and its significant signs should be emphasized that the essence of this particular method. Therefore, the definition of international investment law basic principle basis should be of the essence of international investment law namely advocate moderate introduction of foreign investment and expand the export of capital, strengthen national in international investment, trade and technological exchanges; Its characteristic should be emphasized that the essential characteristics of international investment law, namely must adjust the relationship between international private equity investment in accordance with the law.

International investment law is just adjust the relations of international private equity investment, because the relationship between the most have the nature of international investment, after adjusting for relevant laws and the international nature of the compatibility of international economic law and private law. Only international private equity is private international law of the law in the sense of investment, and international private indirect investment is the content of international financial law. Because of international finance is related to indirect investment, such as bank deposit, loan lending, trust, insurance, finance and so on are related to indirect investment; If it is direct investment main body, belong to state-owned enterprises or international aid law category. So private investment in the indirect and direct investment main body is not able to the category of international investment law.

The basic principles of international investment law should be the whole international law system of investment highly generalization and abstraction, must focus on the basic principle of international investment law, purpose and task, reflects the comprehensive international investment law for all kinds of international private equity relationship is of general significance. Tell from the function, the basic principles of international investment law, should first is the guidelines of international investment legislation. Both in international investment activities, and the international investment regulations must be guided by the basic principles of international investment law, maintain the harmony of international investment law inside the system. Secondly, the basic principles of international investment law should be to overcome the limitations of theory and practice of international investment law extending tool. Because the law has relative stability, and social relations are always are constantly changing, and because the law has generality, there is a special international investment disputes, when the judge found in international investment law loopholes or conflict, can apply international investment law basic principle for the expansion of the logical interpretation, or directly on the basis of the basic principles of international investment law to make the judicial referee. Again, the basic principles of international investment law should be to a country's international investment main body behavior rule of root activity. The basic principles of international investment law is not only applicable legislation principles of international investment relationship, but also a country's international investment main body of investment behavior should follow the basic principles. When the international investment law have specific provision for an international investment behavior, shall abide by the rules; When the international investment law for a international investment behavior when no corresponding provisions, shall abide by the basic principles of international investment law. Finally, the basic principles of international investment law should throughout the international investment in the construction of legal system, to play a role in, within the framework of international investment law system in the international investment legislation basis and criterion effect, in the international investment legal guidance and restraint effect.

Say the basic principles of international investment law should have certain defined on the basis of, because can't determined by legislators and jurists to the basic principles of international investment law. That is, the basic principles of international investment law content should be mainly from the basic task of the international investment law and the nature of the adjustment object to decide. The basic task of the international investment law should be to ensure the normal conduct of the international investment activities, protect the lawful rights and interests of the international investment parties. Thus, the basic principles of international investment law should serve the above tasks. The adjusting object of international investment law is the international private equity investment relationship, this kind of social relationship is different from international public relations and the international private law, and different from the general international economic relations. Therefore, the basic principles of international investment law also should be different basic principles of international law, both have different basic principles of private international law, and as equivalent to the basic principles of international economic law. On the basis of the author thinks that the basic principles of international investment law ought to be "independent", reveals the distinct personality of their own department.

As a result of international investment law is a branch of international economic law department, the basic principles of international economic law in international investment law nature should be a universal guiding significance. However, the basic principles of international economic law can not be as the basic principles of international investment law to repeat them. This is because the definition of international investment law basic principle basis and significant signs is unique, and is not generally equivalent definition of international economic law basic principle basis and significant signs. Based on this understanding, the basic principles of international investment law should make the following summary is more appropriate.

Although follow the principle of the state of natural resources are the deep reasons for the permanent sovereignty, but the author thinks that, the principle of accurate language expression should be "the host country investment interests shall be protected by special principle", and should not be the reason when the principle. This is because, the basic principles of international investment law should highlight the characteristics of international investment, and the host country, especially in developing countries as an investment destination, the power of its interests are vulnerable to foreign investors. As is known to all, in the context of the current situation of international investment, investment home for developed countries, more and more investment in the host country for developing countries; Power in the developed countries, and relatively perfect legislation and international investment to perfect legal protection from their own country, but in developing countries is weak, often subject to establish and improve its legislation. In contrast, the host country investment should be protected by special interests. Even if the north-south gap in the future, to distinguish the meaning of the developed countries and developing countries has no longer obvious, special protection is necessary to invest in the host country's interests, to do so is conducive to the interests of investor and investee balance, because the investor is always in a shortage of resources to the introduction of foreign capital. As investors to investment destination by investors play a decisive influence, how to make this kind of influence on the right track, make it play a positive influence is the entire process of investment, to focus on and solve the problem. In the process of investment, the more is by the investment destination by investors on foreign independent inherit the rights and obligations, for a third party, the influence degree of the investors by investors for investment destination must be predictable, and have certain limits. Because only in this way, there will be a stable investment order.

The host country investment interests are protected by special principle, shall include the following contents: the host country to foreign investment protection and control, because of its sovereign sexual characteristics should be free from any foreign interference; Parties concerned should through bilateral or multilateral treaties, the protection of international investment, promote the international economic and technological cooperation and exchanges; The abolition of the unequal international investment treaties, realize in the true sense of equality and mutual benefit; Any country may not be forced to give the preferential treatment to foreign investment, even if a most-favoured-nation treatment of unilateral will agree through benefit country; Every country has the right to management and supervision of the state under the jurisdiction of the multinational company activities, and take steps to ensure that the above activities comply with the legal and policy; Every country has the right to according to the needs of social and public interests of the foreign property ownership nationalised, and by developing countries or developed countries give appropriate compensation or full compensation.

International economic law to the principle of traditional expression is usually the principle of equality and mutual benefit. But in my opinion, instead of "international investment interests win-win principle" more in line with its threshold within the original intention in the international investment law, otherwise the scope is too large, points to fuzzy. Here "benefit and win-win" obligations shall include both Shared and benefit sharing. In other words, this principle can also be expressed as "international investment obligations and rights consistent principle". Investment obligation mainly includes credit investment, take care of each other interests and bear the investment decision consequences, etc.; Investment right including share investment benefit, investment income investors themselves free, enjoying the preferential investment, and investment, etc.

In today's world of peaceful development as the theme of The Times, countries should work together and seek common development, seeking to build a harmonious world of the way and method. International investment interests win-win precisely expressed to know basis, to seek common human well-being, opening up the new thinking of human future. It will be for governments around the world and people's benefits of interest exchange, but also through south-south cooperation and north-south cooperation to the prosperity and development of the economic and social and cultural interaction between east and west exchanges inject new vitality.

Benefit and win-win relationship is actually "mine, a glorious honor" relationship. This performance not only in terms of consistency between the interests of developing countries, and in between developed countries and developed countries and developing countries, between the interests of the relationship between die also happen from time to. Of course, this does not mean that there is no conflict of interest between these countries. International investment interests win-win lies in as investors on the investment project of the sexual characteristics of common benefit, determines the parties mutually dependent on international investment, which coexist in a unity, mutual condition, causal. Real case is the European debt crisis: the first is the Greek debt is not also, the chain is out of control, then the euro zone countries in part due to investment have a debt crisis; In order to avoid the euro zone to the investment prospects of further concerns, the European central bank took the economic stimulus plan. Market anxiety, however, continued to grow, the euro was dumped, European stocks plummeted, has affected the whole world market sentiment.

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