An Analysis Of The Factors That Determine The Composition Of Indirect Expropriation When The Franchise Is Affected By Environmental Measures

With the idea of sustainable development and green development deeply rooted in the hearts of the people,governments are paying more and more attention to environmental protection and resource regeneration,so more and more environmental resources policies and measures have been set up,resulting in more and more investment arbitration disputes.In the conflict between the government regulation power of the host country and the property right of investors,the focus of the dispute is whether the host country’s measures should be constituted as indirect expropriation.In recent years,Many indirect expropriation arbitration cases between host countries and investors arise from environmental measures,but the arbitration tribunal for indirect expropriation identified but the results vary,the arbitration tribunal decided whether an indirect expropriation,from what factors considered,which is important,which is universally recognized,In this paper,through the theoretical composition of indirect expropriation,judgment factors and environmental arbitration cases related to special types of concession are studied and summarized,so as to provide reference for China to regulate foreign investment behavior,protect environmental interests,guide enterprises to invest overseas,and improve relevant laws.First of all,treaties and investment agreements on indirect expropriation and environmental protection have become very common at home and abroad,and the general development law is that the separate provisions on indirect expropriation are more and more detailed,and environmental and resource protection is paid more and more attention.Secondly,there are three main theories of indirect expropriation that have formed consensus at home and abroad: the theory of Sole-Effects Doctrine,the theory of purpose and the theory of simultaneous adoption of purpose and effect.The third theory is closely related to the principle of proportion.By comparing the benefits of a measure of the host country with the damage to the property interests of investors,the principle of proportionality takes into account both the objective factors and the effect factors in the process of comparison.In addition,the theory of reasonable expectation has been widely discussed recently in judging the composition of indirect expropriation.The theory of reasonable expectation also considers whether the expected benefits generated are objective and reasonable and how to determine the extent to which the measures of the host country interfere with the reasonable expected benefits.In the investment disputes caused by environmental resource measures related to the concession,the defense shall be conducted with emphasis according to the different states of concession or right of concession in different cases,and the special circumstances of different cases shall be analyzed comprehensively and carefully.In today’s international environment,the Chinese government as a host country,should promptly improve and update relevant bilateral investment agreements for the indirect expropriation and the protection of environment and resources,and appropriate relaxation of ICSID jurisdiction,and to safeguard the public interests of the country for maximum security,at the same time actively participate in the activities of the international law,to shoulder the responsibility,power Give full play to their own voice.In addition,Chinese foreign investors should carefully inspect the countries and projects they will invest in and make a comprehensive analysis of various factors.Meanwhile,they should improve their own strength and shoulder corresponding social responsibilities.In addition,they should improve their relations with the host country and improve their communication ability with the host country.