Study On Indirect Expropriation Clauses In International Investment Agreements Of China

China has signed investment agreements with more than 130 countries and regions,and the indirect expropriation clause is one of the most important substantive terms in the investment agreements,which directly affects the protection of the investor's property rights and the maintenance of economic sovereignty of the host country.China has both capital input power and capital output power of dual identity,in the background of frequent international investment activities,the possibility of facing the risk of indirect expropriation is increasing.In order to prevent the risk of indirect expropriation with effect,when establishing?amending or renegotiating the indirect expropriation clauses in the investment agreements,China must be based on the two-way investment between China and the State party,learn from international practical experience,more prudently balance of the interests of the host country and investors,to strengthen the protection of the interests of the two.In addition to the introduction and conclusion,this thesis is divided into the following four chapters:The first chapter briefly introduces the overview of indirect expropriation in the investment agreement,mainly introduces the essence and the history backtracking of the indirect expropriation,analyze the purpose of setting up indirect expropriation clauses.The second chapter elaborates the present situation of the indirect expropriation clauses in China's investment agreements,including BITs,regional investment agreements and FTAs with investment rules,and then analyzes the shortcomings of the indirect expropriation clauses in China's investment agreements.The third chapter extracts the most representative and the latest indirect expropriation clauses from the investment agreements of each country,analyzes the characteristics and development trend of the indirect expropriation clauses of the current international investment agreements.In the fourth chapter,combining with the development trend of the indirect expropriation clauses in IIAs,this thesis puts forward the feasible suggestions for the existing investment agreements and the negotiation strategies for the future investment agreements.