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Study on the Legal Protection for the Interests of the Host Country under International Investment Treaties

Author: LiuShuPing
Tutor: ZhouQingHua
School: Dalian Maritime University
Course: Law
Keywords: International Investment Treaty Benefits of Host Countries Indirect expropriation Fair and equitable treatment International Investment Arbitration
CLC: D996.4
Type: Master's thesis
Year: 2010
Downloads: 302
Quote: 2
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Abstract

Since the 1980s, with the rapid development of the international economy, the traditional international investment rules on the protection of foreign investment has been unable to meet the demand for capital-exporting countries, in an effort to promote capital-exporting countries under international investment treaties showing high standards, liberalization trends, designed to obtain greater economic benefits for overseas investment. While the host country in order to attract more foreign investment, the development of the national economy, especially in some developing countries have made huge compromises and concessions, in the conclusion of international investment treaties, these new developments have led to the crisis of the host foreign jurisdiction, but also brought the potential threat for foreign management rights in the host country, and some countries even cause waves lawsuit \International investment practice in recent years show that, to a certain extent on the highly liberalized investment treaties derogatory suspected of national sovereignty. Relative to the over-protection of foreign investment in the investment treaty, the modern international investment treaties strict restrictions on the exercise of sovereign powers for the host country to make serious damage to the national interests of the host country. In order to maintain the host country interests, from the perspective of safeguarding the rights and jurisdiction of the host country for foreign investment management focuses on the international investment treaty disputes up, the most important of several problems. First, the substantive aspects of the main study two problems, one of which is the identification of indirect expropriation, and the second is the issue of fair and equitable treatment standard. Indirect expropriation, clear boundaries and government management rights, and then study the recognized standard of theory and practice in a variety of indirect expropriation, and finally from the point of view of protection of the interests of the host country to determine specifically identified indirect expropriation process should be considered. The main factors; practice of fair and equitable treatment for the different understanding of the terms and the specific interpretation methods, in case there are serious differences between the theory and practice, for the interests of the balance of the host country, the paper attempts to explore the terms the true meaning and nature. Secondly, a major study of international investment treaties in the program for the the ICSID arbitration jurisdiction consent issues its perfect method, combined with the international investment arbitration mechanism defects to the response of the host country. Finally, the China International Investment Contracting practice, the proposed host country interests in the international investment treaties concluded for legal protection of the building.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Investment Law
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