On BIT's Indirect Collection Clause And Its Perfection Between China And Surrounding Countries Of "The Belt And Road"

Since the promotion of the “Go globally” policy,China's overseas investment in countries along the “The Belt and Road” has been increasing year by year with enlarging scales.However,the investment environment of these countries is not optimistic all the time.Which the level of economic development is backward,the rule of law system is not perfect and the hidden of indirect expropriation by the host government have largely hindered investment enthusiasm and stability of Chinese enterprises in these countries.At the same time,the indirect collection provisions in BIT of China and these countries is relatively lag.The definition of indirect collection is vague,the standards adopted are rough,the content of compensation is not specific and the standard of compensation is not appropriate.These problems are not conducive to providing stable and predictable legal guidance for Chinese overseas investors;In addition,the arbitration rules related to indirect expropriation in these BIT are not perfect enough,which also seriously affects the effective settlement of overseas investment disputes.Various countries in the world are increasingly calling for the reconstruction of international investment rules of the world today,and the sustainable reform of international investment rules is being carried out worldwide,that is,these investment rules more pursue the balance between the interests of the host government and investors.On this occasion,China as an advocate of “The Belt and Road ” initiative and which national identity with both capital input and output,we should draw on the mature experience of the United States,Canada and India to actively guide these countries to explore the new generation of BIT and indirect expropriation provisions that conform to the trend of The Times,under the background of “The Belt and Road” and the guidance of an appropriate focus on protecting the interests of our overseas investors : The concept and rules of indirect collection are defined by the introduction of “the principle of proportion”,the consideration of various factors and the use of “case by case analysis”;On the basis of distinguishing legal and illegal indirect expropriation,through refine the content ofthe compensation,raise compensation standard appropriately to perfect the compensation clause of indirect collection;Further clarify the jurisdiction of ICSID arbitration to improve the arbitration clauses of indirect expropriation disputes.