Study On The Legal Problems Of Indirect Collection

The issue of expropriation is the focus of international community. Since the1970s,with the change of attitude towards foreign investments, expropriation has been on the rise.By far, Scholars’ views, international treaties and arbitration practice don’t clarify thestandards of tests and compensation of indirect expropriation and the boundaries betweenindirect expropriation and the regulatory power. Hence, the standards of tests andcompensation of indirect expropriation are the focus of international society. With theimplementation of the"introduction to, go out"strategy, to some extent, there are moreand more possibility that overseas investors encounter indirect expropriation and ourcountry will be indicted. By analyzing the theroy, the treaties and the arbitration cases, thearticle is to put forward the standards of tests and compensation of indirect expropriation,to summarize the deficiency of our overseas investment legislation and Bilateral treaty,and to give suggestions.The article consists of four chapters in addition to Preface and Conclusion. The thesis is33000or also.Chapter One is about the summary of indirect expropriation. First, on the basis ofrelative cases, the writing planns to define the connotation of relevant terms and toanalysis the elements of indirect exproriation and then introduce its evolvement fromdirect to indirect exproriation including analysising its causes. At last, the kind and formof indirect exproriation are involved.Chapter two mainly discusses indirect exproriation legal international review. Throughindirect expropriation system on USA, EU, Canada and other countries to becomprehensive and detailed research, and analysis of the provisions of multilateralinvestment legislation and bilateral investment treaties provide the reference for theidentification and compensation of indirect expropriation.Chapter three focuses on the identification and compensation of indirect expropriation.Refer to related cases, the section respectively evaluates the rationalities of sole effectdoctrine, sole purpose doctrine and effect and purpose doctrine. Besides, the final standards of tests should be adopted in indirect expropriation throug analysising theapplication of the principle of proportionality and reasonable expectations. What’s more,respectively review several standards of compensation of indirect expropriation, attack"Hull three" principle advocated by developed countries and determine the final adoptionof standards.Chapter four reviews the actuality and the defects of the indirect expropriationprovisions in our overseas investment legislation and presents perfect measures. First, thechapter aims to state the provisons of indirect expropriation from the perspective ofdomestic law and bilateral investment treaties signed by our country. Second, the chapteris to find defects of indirect expropriation in our overseas investment legislation, such asincomplete indirect expropriation of domestic legislation, poor investment supervisionsystem and unrefined implement conditions, etc. Third, bring forward perfect measures toour overseas investment legislation including perfect the provisions of our domesticlegislation about indirect expropriation. For example, to clarify the definition of indirectexpropriation and determination method of public interest, to establish perfect overseasinvestment legislation, to improve insurance systerm of overseas investment andinvestment supervision system; perfect our BITs of indirect tax provisions of regulationsincluding unifying the concept of indirect tax, improving the exception provision andrefining the conditions of indirect expropriation.Through this paper, we hope to reduce or even avoid indierct tax risk that our overseasinvestors suffer from, to safeguard the interest of China’s overseas investment in thelargest extent, and to contribute to the development of China’s overseas investment.