| By 2015,China has become the second largest outward foreign direct investment country.Due to the application of the Belt and Road Strategy,the scale of outward foreign investment grows larger.At the meantime,China is facing with many challenges and hazards,among which is the risk of indirect expropriation.Ping An v.Belgium Case is the first case that was filed by Chinese private investors against foreign governments via ICSID.This case involved the stipulation of China-Belgium BIT.The thesis is mainly on the problem of indirect expropriation concerning about the case.From the perspective of both educational viewpoint and case analysis,and integrating the case of Ping An v.Belgium,it's trying to abstract the rules of identification and compensation of indirect expropriation,and discuss the issue of the protection on the rights of outward foreign investment.Apart from the introduction and conclusion,the thesis can be divided into four parts.Chapter one,A General Statement of the Indirect Expropriation.It mainly depicts the origin,development,form and objects of indirect expropriation and define the legal concept of it.Besides,it summarizes the facts and issues of the case.Chapter two,the Identification of the Indirect Expropriation.This part discusses the rules of identification of indirect expropriation,and analyze the nature of the conduct of Belgium.Furthermore,it demonstrates the conduct can be identified as indirect expropriation.Chapter three,the Compensation of the Indirect Expropriation.It aims at introducing and analyzing the standard and calculation method of compensation.And based on the cases,it summarize the valuation method of calculation the compensation for Ping An.Chapter four,the Protection on the Rights of outward Foreign Investment.This chapter analyses the current risks and obstacles with the indirect expropriation.It tries to propose feasible suggestions for dealing with the hazards of indirect expropriation that may generated from the outward foreign investment. |
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