Legal Research And Analysis On Indirect Expropriation In International Investment

Indirect expropriation is different from direct expropriation.Indirect expropriation refers to the fact that the host government's property rights to foreign investors are not deprived on the surface.However,a series of interferences in property have seriously hindered investors' exercise of property rights so as to achieve the same level of direct expropriation Legal effect.Indirect collection of the core issue is how to identify indirect collection,indirect collection and control of the government to distinguish between the conduct of indirect distinction between the legitimacy and illegality.This article shows the concept,types,characteristics and objects of indirect expropriation,summarizes and analyzes its existence through the judicial practice and legislative practice in international investment to show how to identify indirect expropriation in practice,Then,aiming at the shortcomings of China's Bilateral Investment Treaties in the indirect expropriation,draw lessons from the international legislative practice and the international judicial practice,and put forward some suggestions on the determination of the indirect expropriation.This article in addition to the summary and conclusion:a total of five parts:The first chapter includes the research background and significance,literature review,goals,methods and innovation.The second chapter is an overview of indirect collection,including types,characteristics,objects and so on.The third chapter tells about the recognition of indirect collection of international investment.Indirect collection of the core issue is how to identify indirect collection.However,the core issue of indirect tax collection is how to distinguish between indirect expropriation and government management and their connection,and to distinguish the legitimacy and illegality of indirect expropriation.Then the principle of proportionality is introduced and its application in indirect collection is analyzed,so as to further explore the identification of indirect collection.The fourth chapter is the practice of indirect recognition of international investment.Including the indirect collection of international legislative practice and international judicial practice,the international arbitration awards and international legislative practice to sort out,summarize and summarize.Analyze its existing problems and extract the desirable practices.The fifth chapter summarizes and summarizes the provisions on the indirect expropriation in China's bilateral investment treaties.In view of the problems of the indirect expropriation in China's bilateral investment treaties and the indirect international taxpaying practice and international judicial practice,Identified put forward perfect suggestion.