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The indirect expropriation defined in relatively recent development and Countermeasures in China

Author: LuoLei
Tutor: MoShiJian
School: China University of Political Science
Course: International Law
Keywords: Indirect expropriation The principle of proportionality The balance of interests
CLC: D996.4
Type: Master's thesis
Year: 2011
Downloads: 156
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Abstract


The levied problem has always been one of the most contentious issues of the field of international investment protection, the north-south focus of conflicts from the levy legitimacy to the compensation standard in recent years has concentrated on the identification of indirect expropriation. Investment-related international conventions and the States to conclude bilateral investment treaties or free trade agreements, \the effects or imposed measures \Most of the arbitral tribunal in favor of protecting the interests of investors from the \Host country not only faced the risk v. tired and high compensation, and the right to control their government is also being challenged to be questioned, the legitimacy of international investment arbitration. Especially since NAFTA came into effect since the imposition arbitration brought by its Chapter 11 case occur frequently, have been advocating high standards to protect investors in the United States several times onto the dock. This \Therefore, in the definition of indirect expropriation, began gradually enhance the \But due to the subjectivity of an end in itself, as well as the struggle of the effect and purpose behind multi-stakeholder and the value of the game, leading to the definition of indirect expropriation on there is still hotly debated. In this paper, the research related doctrines, rules and arbitration practice, trying to balance the interests of foreign investors and the public interest of the host country perspective, the more reasonable criteria. Meanwhile, our current implementation of the strategy of \Introduction and Conclusion This article is divided into four chapters. Indirect expropriation Chapter Overview. Introduce the theory and practice of A Brief History of indirect expropriation and Extension Trend recent indirect expropriation. Control behavior with indirect expropriation normal for the host country, there is a gray zone between the need to balance investor rights and public interests of the host country in order to determine the reasonable boundaries. The second chapter indirect levy the definition of the status quo. Summarized the indirect expropriation defined the doctrine, rules and arbitration practice. Regardless of the the rules level or arbitration practice, lack of consistency, deterministic criteria. The purpose and effect of different weights, and all kinds of theories and rules of behavior differences lies identified the key to solve the problem is how to strike a balance between the interests of investors and the host country interests. Chapter indirect expropriation defined solution to the problem to explore. Weigh the purpose and effect of the possibility of the use of the principle of proportionality is derived from the general theory of the principle of proportionality. Analysis from the perspective of international arbitration practice the use of the principle of proportionality definition of indirect expropriation there is legal basis and methods of application problems, making it difficult to achieve the desired results. Finally, explore problem-solving methods to address the problem, attempting to put forward reasonable proposals from the perspective of the balance of interests. Countermeasures of China in the fourth chapter of recent indirect expropriation Extension Trend Analysis. First, by analyzing the status quo of China's current absorb investment and foreign investment, draw in transition China faces two risks. Secondly, China's foreign investment legislation and the terms of the imposition of the relevant terms and conditions, in particular the recent novel levied analysis to identify strengths and weaknesses. The last two levels from the principles and rules of the transition, how to deal with the recent indirect expropriation Extension Trend rationalization proposals.

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