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Research On Legal Issues Of Indirect Expropriation Identification In International Investment

Posted on:2018-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
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The issue of expropriation plays an important role in international investment,which involves the exercise of national public power and the property security of foreign investors.It is generally believed that expropriation includes direct expropriation and indirect expropriation.All the time,People pay a lot attention to direct expropriation.They are wild about the legality and compensation of direct expropriation.After the outbreak of the Islamic revolution in 1979,the Iran government was frequently accused of indirect expropriation on account of intervention in foreign investors' assets.So international law scholars start to pay close attention to indirect expropriation.With the signing of ?North American Free Trade Agreement?,the research on indirect expropriation has entered a new period of development.The rules of indirect expropriation have become an important risk concern for investors and important policy concerns of sovereign states.Provisions of indirect expropriation are scattered in various international investment treaties in international law.Research on this problem has not formed a unified system of norms.Definition,identification standards,identification methods,compensation standard of indirect expropriation are lack of consistency.The international economic exchanges increase with the trend of liberalization of investment,thus the degree of globalization has deepened,and the indirect expropriation cases have increased in the field of international investment.The international arbitration practice tends to protect the legitimate rights and interests of foreign investors,while lack of noticing the public interest of host country.There is a trend of expansion of indirect expropriation,which poses a threat to the normal exercise of public power.Countries begin to actively explore solutions,and strive to achieve a moderate balance between public power and private property rights.They propose “the standard of effect and purpose” and introduce the principle of proportionality.In recent years,Chinese economy has developed rapidly,and improved the ability of attracting foreign investment constantly.At the same time,China have sufficient economic strength to increase foreign investment with the quickening pace of “bringing in” and “going out”.However,in the process of “bringing in”,government may have to take some measures to intervene property of foreign investors for the purpose of public interests.These behaviors may be accused of constituting indirect expropriation.In the process of "going out ",Chinese investors also may be at risk of indirect expropriation.In view of the possible double risks,we should strengthen the research on this issue,be good at analyzing the risks that may exist in the investment treaties,and constantly improve the indirect expropriation rules.
Keywords/Search Tags:Indirect expropriation, Principle of proportionality, Public interest, International investment
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