Research On Indirect Expropriation Of International Investment

Since the 1980 s, the trend of investment liberalization gradually began to management of the composition influence and impact for the host country. In this case, the host country government for public health, environmental protection, such as need, various control measures according to law, may create indirect Expropriation problems.Indirect Expropriation refers to the host country government based on public interest, by due process of law, the property right in foreign investors under the circumstances of deprivation, the interference of their property rights power behavior. From the perspective of the types of indirect Expropriation, indirect Expropriation can be divided into the following several types: by administrative means to interfere in foreign business; In order to Expropriationation affect investment income; The other way. Essentially, the main indirect Expropriation issues is how to distinguish between normal behavior and government regulation in indirect expropriation behavior; Is indirect Expropriation problems, legal essence lies in the government administration and indirect expropriation between one another gray areas.The implementation of the indirect Expropriation should satisfy the conditions:(1), due to the need of public interests;(2), the due legal process;(3), there is no discrimination factor;(4), effective compensation. One of the prerequisite for compensation should be lawful to impose. On the one hand, the premise that pay attention to the protection of the interests of the investors, but on the other hand also makes the host country in Expropriation measures will be more cautious. For the specification of the host country on foreign management and protection to foreign investment. Recognized standards, from indirect should stick to effect and the objective standard. Should not only consider the "effect", but also to consider "" purpose or nature of the action. In terms of indirect Expropriation compensation, should distinguish indirect levy indirect impose legal and illegal, and adopt different compensation standard.The provisions of the law in our country for a problem not to distinguish the direct and indirect Expropriation, should add the provisions of the indirect Expropriation problems in domestic law, enables us to foreign management more standardized, more closely. Bilateral investment treaties in China should increase the indirect Expropriation that factor, making it more clear, so we can better solve possible disputes, judicial institutions in the administrative measures for more rational, according to that.