Journal of Jishou University(Social Sciences) ›› 2012, Vol. 33 ›› Issue (2): 129-134.DOI: 10.3969/j.issn.1007-4074.2012.02.023

• Law • Previous Articles     Next Articles

Conflict and Coordination between Environment Regulation and Indirect Expropriation of Host Country from the Perspective of International Investment

  

  1. (Department of International Law and Commerce,Shanghai University of Political Science and Law,Shanghai 201701,China)
  • Online:2012-03-15 Published:2012-04-04

Abstract: The environmental protection measures taken by the host country,which lead to the expropriation effects on the foreign investors,have been alleged as indirect expropriation with compensations.This gives rise to severe conflicts between the regulation power of the host countries and the private property rights.This essay holds that the reasonable and bona-fide regulation on environment cannot be held as expropriator.Suggestions on coordinating their conflicts,inspired by WTO and some regional agreements,are put forward.

Key words: environment regulation, indirect expropriation, conflict, coordination

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