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Research On Indirect Expropriation Doctrine In The International Investment

Posted on:2019-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y DingFull Text:PDF
GTID:2346330545990188Subject:Law - International Law
Abstract/Summary:PDF Full Text Request
Along with our country to improve the comprehensive national strength and the in-depth development of "area" strategy,our country is also from pure to "go out" and"introducing" two-way "introducing" simultaneously.How to absorb and utilize foreign capital to the greatest extent and protect the rights and interests of overseas investors is very important.In the field of international investment,disputes about expropriation have never been interrupted.In the past,the academic community focused on the collection of compensation standards.Impose compensation standard is not hard to find,either in the positions "hull principles" developed country or "appropriate compensation" for developing countries,behind the point position is to maximize the interest of the country.With the wave of investment liberalization,the investment disputes caused by direct expropriation are gradually reduced,and more and more investment disputes are the determination of indirect expropriation.Since there is no clear definition of indirect expropriation in both academic and practical circles,there is no common or unified approach to the standard of indirect expropriation.At present,the determination of indirect tax standards are "sole effect doctrine","sole purpose doctrine" and "effect and purpose doctrine," three standard mainly from the perspective of different consideration of different factors,which cause bias of different interest subjects in objectively."Sole effect doctrine" proposition from the host country only act for foreign investors and investment caused by the actual impact to determine indirect tax or not,whether for for maintaining their need of public interests are no longer considered,the standard reflects undoubtedly the strong will of developed countries for the overseas capital protection,existence of unreasonable limits a country's control rights."Sole purpose doctrine" advocated in the indirect tax when the need to consider whether the purpose of the behavior of host country out of its public interests,the standard expressed to the protection of the host country for foreign investment management,but there is also the host country to encroach on foreign capital risk of harm the image of their own.Therefore,only a better balance between the investors'management power and the investment interests of foreign investors is more in line with China's reality."Effect and purpose doctrine" in the process of practical application,will inevitably involve the subjective pursuit of public purpose for the host country government behavior and the actual measure of investment between the actual damage,in the process of "proportionality" proper introduction provides guidance method,of course,the use of "proportionality" perhaps strictly comply with the"appropriate" and "necessity" and "special proportion principle" three steps.At the same time,in view of China's overseas investment throughout the economy less developed areas,in order to attract investment in China will give many preferential policies,but because of the international economic,legal,political stability,frequent policy adjustments.So,in that the injury caused by government measures to investors need to consider not only for objective economic losses caused by actual investment,we need more attention to the influence degree of the reasonable expectation of investors,only in this way can more for China's overseas investment to provide a layer of protection.
Keywords/Search Tags:international investment, indirect expropriation, proportion principle, reasonable expectation
PDF Full Text Request
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