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On The Latest Developments Of Indirect Expropriation Identified Problem In International Investment Law And China’s Countermeasures Research

Posted on:2014-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:J RenFull Text:PDF
GTID:2246330398959727Subject:International Law
Abstract/Summary:PDF Full Text Request
Since the1990s, with the increasing number of indirect expropriation cases that international arbitral tribunals have accepted, indirect expropriation gradually replaced direct expropriation, and becomes the focus of international investment law. But for a long time, there is no precise definition of indirect expropriation in international treaties, so the international arbitrations of indirect expropriation are different to each other. So we need to clear and perfect the definition of indirect expropriation and reduce the discretion of the arbitral tribunal.This paper consists of five chapters in addition to the introduction and conclusion.Chapter one gives us an overview of indirect expropriation Overview. First, it points out the origin of indirect expropriation origin, and indicates that indirect expropriation has become the core issue in international investment law. Then, the meaning of indirect expropriation is summarized from the provisions in BITs. Finally, the core problem of indirect expropriation lies in how to strike a balance between private and public interests of the host country and investors.Chapter two summarized the doctrine of how to identify indirect expropriation. The identification is often measured from the effect (objective aspect) and purpose (subjective aspect) angle. However, there is no consistence in the "effect" and "purpose", so, by analyzing the arbitration practice and academic theory, I think the "effect" should be measured from the investor angle and invest angle; and that the "purpose" should be "specific".Chapter three generalized the latest disputes of indirect expropriation identify doctrine. The reason to the controversy of indirect expropriation identified doctrine lies in the different weight "effect" and "purpose". Currently, there are three different propositions:"sole effect doctrine", the "principle of proportionality" and "effect and purpose doctrine". By analyzing the advantages and disadvantages of the above doctrines, we try to solve the controversy. Chapter four analyzes the problems of the recent development of identified doctrine. First, it points out that "effect and purpose doctrine" should be the doctrine. Then, it analyzes the problems that should be pay attention in effect analysis and purpose identification.Chapter five summarized the recent indirect expropriation provisions in China BITs, and points out the problems of the provisions and countermeasures. By analyzing the problems of indirect expropriation provisions in China BITs, it gives many suggestions on how to perfect the provisions and verify them.
Keywords/Search Tags:indirect expropriation, effect and purpose doctrine, principle ofproportionality, legitimate expectation
PDF Full Text Request
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