Game Study On The Indirect Expropriation And The Regulatory Power Of The Host Country In International Investment

As a combination of private power and the public power in the international investment,the main problem is the conflict between the economic power of the host country and private property of the foreign investor in the indirect expropriation.Because of the uncertainty and obscure and additionally the capital exporting countries and the capital import countries hold their own standpoints as the difference of the economic strategies.Moreover the unjustice of the international arbitral tribunal per se with commercial nature to the interest of the foreign investor and the host nation's power to the foreign investment.And actually the arbitral tribunal itself with secrecy,transpareny,independeny,and randomicity to ascertain the indirect expropriation make the unbalance between the due regulatory power of the host country and indirect exproriation more worse.This essay is divided into introduction,the text and conclusion.Comparative analysis and pratical research methods are used.Combined with international investment legislation and practice carries on a detailed argument about the definition and confliction of the indirect expropriation and the host regulatory power,then put forward my suggestions to balance the relationship mentioned above.and then state our country's position with regard to this problem combined with our country's circustance.The essay's text have four sections.The first section introduce the definition and identification of the indrect exproprition and the regulatory power of host country's,so that can be a theory preparation to the proceed of the confliction and balance of the indirect expropriation and due regulatory power of the host country following.The scecond mainly analysis the essence,reasons and typical situations of the confliction between the two subject.The author explains that the fundamental reason is the tendency of freedom of international investment and then the expansion of the investment's definition,third the defection of the arbitration mechanism and so forth.In the third section,from the perspective of international investment lagislation and DSM(dispute settlement mechanism)sebsequent especially the arbitration mechanism relatively,the author makes a proposal to coodinate the game relationship between the indirect expropriation and the host country's regulatory power.Section IV discusses the position in the lagislation and practice to the game relationship of indirect expropriation and the goverment's regulatory power through analysis the status in quo of our country.