Research On Legal Issues Of Indirect Expropriation From The Perspective Of International Investment Law

In the field of international investment,indirect expropriation has always been a difficult and controversial issue that has attracted much attention,and it is also a practical topic that has been studied for a long time in the legal field but has not been well resolved.Driven by the integration of the global economy,investment activities among countries in the world are becoming more active today,and new trends in international investment arbitration triggered by indirect expropriation put forward new requirements for the study of indirect expropriation.In order to solve the problem of indirect expropriation in international investment,this article starts from the three angles of indirect expropriation identification standard,compensation principle,and settlement mechanism,and provides perfect suggestions for indirect expropriation.The first part explains the concept,legality requirements and historical evolution of indirect expropriation.From the analysis and summary of the concept,legality elements and types of indirect expropriation,indirect expropriation means that the control measures of the host country affect investors’ right to the use of property and expected income,and the effect is similar to that of expropriation.Its essence is the contradiction between the state’s regulatory power and investors’ property rights.The second part is to define indirect expropriation.To sort out and analyze the identification standards for indirect expropriation,raise the issue of vague identification standards for indirect expropriation,and by clarifying the identification standards for indirect expropriation,improving the application of the identification standards under exceptions,and clarifying the methods of political risks in international investment,it is the arbitration tribunal.The judgment of indirect expropriation provides a reference to facilitate the arbitration tribunal to determine whether it constitutes indirect expropriation and solve the problem of vague determination standards.The third part is to sort out the three compensation standards for indirect expropriation,namely,complete compensation standard,non-compensation standard,and appropriate compensation standard.Through the evaluation of the three different standards of indirect expropriation compensation principles,it is concluded that indirect expropriation has fuzzy compensation standards.problem.To solve the above problems,it is necessary to adopt clear compensation standards,stipulate the calculation method of compensation and determine the compensation time for indirect expropriation.The fourth part is about the dispute settlement mechanism of indirect expropriation in international investment.Common dispute resolution methods mainly include negotiation and mediation,host country relief,diplomatic protection,foreign court litigation and investment arbitration.Compared with this,investment arbitration has the advantages of independence,autonomy and strong enforcement.Therefore,in the dispute settlement mechanism of indirect expropriation,ICSID investment arbitration has become the main way to solve the problem of indirect expropriation in international investment.At the same time,the problems of ICSID investment arbitration need to be resolved by establishing an appeal body,optimizing the arbitrator selection mechanism,increasing the openness of arbitration,and clarifying the status of state-owned enterprises in investment agreements.