国际投资中的间接征收问题分析-analysis of indirect expropriation in international investment.docx

RESEARCH ON THE ISSUE OF INDIRECT EXPROPRIATION UNDER INTERNATIONAL INVESTMENT LAWABSTRACTIn the area of international law, the development and practice of international customary law with respect to expropriation starts from the late 19th century. However, it was not until the 70s of the 20th century that the issue of indirect expropriation had attracted the attention of the international community. There are two main problems encompassing indirect expropriation: one is how to define it; another is how to deal with the relation between expropriation and compensation. At present, the NAFTA and the ECHR are two institutions with wide influence in the area of indirect expropriation. Therefore, it is helpful of comparing them, for the purpose to review and analyze our own indirect expropriation institution.Besides introduction and conclusion, this dissertation includes four parts:In the first part, the author overviews the historic development as well as relevant theories of indirect expropriation. With respect to the former, the author selects several outstanding stages as the focus of discussion, which are listed as follows: the traditional international principle in the early time, the “Calvo Doctrine” in the beginning of 20th century, the “Hull Doctrine” in 1938, the tide of nationalization in the 60–70s, the emergence of indirect expropriation in the 70–80s, the relevant cases under NAFTA in the 90s, and current trends in this new century. With respect to the relevant theories of expropriation, the author mainly introduces the “Police Power” Theory, which is quite prevalent in the West, and the “Economic Sovereignty” Theory, which enjoys population in the developing countries.In the second part, the author introduces the conception andimplementing elements of indirect expropriation. Indirect expropriation, counter to direct expropriation, means governments inappropriate measures which restrict the investors property interest and have an effect tantamount