Indirect Expropriation In The Field Of The International Investment

For investors, the biggest risk can be foreseen is held in the factory and thecompany is expropriation. But, generally, is not illegal for the expropriation ofinternational law itself, except for certain requirements. Now, the following elementscan be cleared in almost all of the investment agreements, namely, in public purpose,non-discriminatory, by legal means, and to pay compensation. But, what is oftendisputed in the investment agreements is not whether the government’s action is tomeet the above four elements, but whether the government’s behavior itself can becalled”expropriation”. If it can be, the government must give investors standard ofcompensation stipulated in the investment agreements. And what to become aproblem is not the behavior that directly obtains the property of the investors, butmainly the acquiring property behavior in any other purposes. Although, there arealways a lot of controversies on the balances of investment property protection andmaintaining freedom of government regulation implement between requirements,there is still no actual dispute to judge concept combing.The paper mainly discusses the attitude to investment agreements arbitrationaward for indirect determinations.The article is mainly made up by introduction and body composition, concretelyincluding the following aspects:In the first part, through the grasping of traces to the sources of the presentresearch situation at home and abroad in the field of international investment indirectexpropriation problems, we distinguish several commonly used conceptions.Preliminary suggestions were put forward on indirect determination standards ofexplorations;In the second part, through the arbitrations that were identified for indirectexpropriation in the international investment areas, we define the main standards ofarbitration tribunal for indirect expropriation;In the third part, we summarize the legal basis for indirect expropriation with theaid of the arbitration expropriations not be regarded as indirect ones; In the fourth part, we aim at the current status of BIT, and put forward thecorresponding improvement measures, through the first three parts of summarization.