On The Criteria Of "Indirect Collection" In Bilateral Investment Treaties

The research of the standards of indirect expropriation is of great importance. There are a great many standards and theories for indirect expropriation. This paper will analyze the standards of indirect expropriation based on the practical bilateral investment treaties(hereinafter referred to as “BIT”). This paper will focus on the BITs of different states. Ping An Life Insurance Company of China, Limited and Ping An Insurance(Group) Company of China, Limited ν. Kingdom of Belgium case(hereinafter referred to as(“‘Ping’an v. Belgium’ case”) registered in the International Centre for Settlement of Investment Disputes(hereinafter referred to as “ICSID”) makes the issue of the standards of indirect expropriation once again a white-hot issue in the worldwide.This paper will have a view of the legislation and practice in other states in order to move further in putting forward opinions and suggestions on our domestic law and the indirect expropriation provisions of our bilateral investment treaties based on “Ping’an v. Belgium” case.This paper is divided into five parts as follows:In the first part, this paper will make an introduction to “Ping’an v. Belgium” case. This paper will introduce the basic facts of “Ping’an v. Belgium” case,which will be followed by the principal elements of the disputes in this case. At the end of this part, this paper will analyze the award of the arbitration institution.In the second part, this paper will have a research on the standards and theories of indirect expropriation. In this part, whether these standards aforesaid are reasonable is analyzed with the research on the typical arbitration cases in the international arbitration practice.In the third part, this paper will have an analysis of the standards of indirect expropriation in the BITs, especially the standards of indirect expropriation in the BITs of the representative states and our state. This part will focus on “Ping’an v. Belgium” case to analyze whether the acts of Belgian government have reached the standards of indirect expropriation.In the forth part, this paper will have a research on the enlightenment of the standards of indirect expropriation to our state. This part will analyze the status and drawbacks of our indirect expropriation clauses and make recommendations for the legislation in our state in the international investment practice. The proposal BIT text will be drawn up at the end of this part.In the fifth part, this paper will look back from the top of the text and make a conclusion for the whole text.