| With the development of international investment, people concentrate on environmental protection and their environmental consciousness strengthening. The conflicts between the host state environmental protection and foreign investors’ interests are arising, which makes it important to find the balance between them. As to the concept of "indirect expropriation", there is no specific description. There are a lot of achievements on the study of indirect expropriation, while few to combine it with environmental regulation. The author also thought that we should not study the issue from only on aspect. Based on international investment arbitration practice and combined the relevant international investment law, the paper gives some advices.This paper are consists of five parts. The first chapter is the definition of indirect expropriation which mainly comes from the related international legal documents and international investment arbitration practice. The second chapter is the summary of environmental regulation. The analysis is based on the concept of the right of the environmental regulation from the academic theory of environmental regulation and international legal documents of the relevant provisions of environmental regulation. Taking Mexico for example, the third chapter studied the related cases and the performance of the conflict between environmental regulation and indirect expropriation on international investment is discussed. Chapter IV is the practice of international investment arbitration in the indirect expropriation and environmental regulation. It mainly analyses the international investment arbitration tribunals’ explanations on a series of cases and ruling, studies how environmental regulations constitute indirect expropriation and summarizes the standards. The fifth chapter discusses the present situation of terms of indirect expropriation and environmental regulation in China, and puts forward corresponding countermeasures. |
PDF Full Text Request