Research On The Standard Of Indirect Expropriation In The International Investment

The issue of expropriation is one of the most contentious issues in the field of protection of the international investment, especially indirect expropriation. The main conflict of indirect expropriation has concerted to the contradiction of interests between the state and the investor. In absence of a precise definition on indirect expropriation, arbitral tribunals have fashioned a variety of tests for assessing whether States are liable for expropriation, which can create both opportunities and uncertainties for parties in circumstances where expropriation arguably has occurred. It may be helpful to attempt to grasp the sometimes slippery concept of indirect expropriation by first considering briefly and in general terms, what some arbitral tribunal have held it not to comprise, and then to approach it by examining in more detail the various forms of indirect expropriation identified by tribunals.In international arbitration practice, because of the ambiguity of the concept, often extend their scope of interest of investors for greater protection. But in recent years, bilateral investment agreements with the International Arbitration Practice have proved that this effect is not limited to indirect expropriation.Innovation of this paper is that in-depth analysis of international arbitration cases have ruled that these cases to promote the improvement of international investment agreements, this article analyzes the practice of international arbitration to those formed by the standard indirect expropriation identified as the center, combined with the characteristics of indirect expropriation To sum up the management of indirect expropriation and national links between changes in the international context of the investment environment, especially the financial crisis, the international investment order is changing, from the international arbitration practice, combined with our investment position Changes in the Criterion Collection to explore the issue indirectly, to promote the improvement of bilateral investment agreements.