Research On Indirect Expropriation In International Investment

In the field of international investment,indirect expropriation is a controversial issue,which involves the balance between the public interests of the host country and the private interests of foreign investors.With the adjustment of global economic structure,international investment activities become more and more frequent,and indirect expropriation cases also increase.However,because of the complexity and secrecy of indirect expropriation,it is not easy to identify indirect expropriation.So there is no unified identification standard up to now,which leads to subsequent disputes over compensation standard.This thesis introduces the theory of indirect expropriation at the same time,combines with the typical legislation and cases in the international investment practice,sums up the problems of the indirect expropriation and puts forward corresponding proposals,that should apply the principle of proportionality to define indirect expropriation,set reasonable compensation standard,and international tribunal should play the role of guidance,pay attention to balance the interests between the host country and foreign investors.Based on the reality of the improvement of China's international economic status,this thesis analyzes the indirect expropriation risk faced by China,and puts forward solutions from the aspects of China's own position,indirect expropriation rules and attitude to arbitration jurisdiction,so as to facilitate the implementation of China's opening strategy at a higher level.