Indirect Expropriation In International Investment Research

Indirect expropriation appeared after the capital importing countries acquired the power to expropriate foreign capitals. It followed the Decreasing of direct expropriation has happened, and was the result of the struggle between capital importing countries and exporting countries. Since the 1980s, the developing countries for various reasons began to encourage foreign capital coming into the country, indirect collection really took to the stage of international investment. In the 1990s, In protecting the environment and human rights, expropriation cases increased gradually and aroused the attention of States. In fact, most of the major bilateral investment treaties contained indirect expropriation clauses.How to ascertain the investment measures taken by a certain country to be indirect expropriation is the key point of this article. Major arbitral tribunals in the world hold different views regarding the criterion of indirect expropriation, but if viewed in general, there are three kinds of criterions. All those criterions involved a basic problem, which is how to cope with the relationship between indirect expropriation and the regulation power of states as well as the, this problem can be seen as headstone of the criterion of the indirect expropriation ascertaining and, therefore, is the major problem discussed in this article.View from the condition of our country, with the emergence of financial crises in 2008 and the increasing of foreign investment, our country has been transformed from a single capital importing country to a importing and exporting country. In face of this new trend, our country should make good preparations, on one hand, the right to obtain foreign capitals should be safeguarded, and the development of foreign capitals should be steered in accordance with the planning of our economic development, on the other hand, our external investment and the right of native investors should be protected to carry out the intake of foreign capitals and the external investment successfully.