The Change Of Chinese Attitude Of Expropriation And Compensation

International investment is not only a significant component of the global economic system,but also an important promotion of the global economic development.International investment plays an important role in the economic region of every state.But the risk is always around the investment,there is not only one sovereignty administrator involved in the operation of international investment,it will confront more risks comparing with domestic investment.Expropriation is one of the most serious form to interpret the management and injure the property among all of the investment risks.Especially from the opinion of the capital exporting countries,if their investment was expropriated without “prompt?adequate and effective” compensation,it would not only destroy all the investors' expectation,but also be the obstacle of the global economic development.The central topic of the essay will be expropriation,which is the most series one,and for the other types of investment risks,there is no essential difference between them,so studying the expropriation offers a general effect to all kinds of international investment risks.There are two questions which are most worthy to be discussed,one is the legality of expropriation,and the other one is the compensation of the expropriation.For the legality,there are no dispute about the three categories which is “for a public purpose,in a non-discriminatory manner,and in accordance with due process of law”,but the compensation is the only key one.And for the compensation,how to calculate the amount of the compensation and what is it basic on,is the primary divergence between the capital exporting countries and importing countries,in another word,developed and developing countries.But the practice of the international law since 20 th 90s shows that,the capital exporting countries admitted the power of competency from the sovereignty of the capital importing countries,and the capital importing countries fulfilled the capital exporting countries on the amount of their demand of the compensation.For China,highspeed economic development makes China become into a capital exporting country from an importing one,and the change also brings a transformation about China's political standing point,and finally the transformation reflects in Chinese attitude of the compensation of the expropriation when it signing bilateral investment treaty with other countries.In fact,China had followed after the western countries and obeyed the requirement of “Hull principal” which is “prompt,adequate and effective”.The change of Chinese attitude of the compensation of expropriation proves a tacit fact among the international society: insisting some principal without any change is obviously out of time and violate the national interest.There is no permanent standing point but political decisions are basic on the national power from national interest.Although the resent development of the international law and society is not “The truth only in artillery range” any longer,but it is the national political demands which promoting and directing the international law,and it is permanent that international law is only a tool offering reasonable and lawful explanation for national political demands.