Analysis Of The Imputation Of Indirect Expropriation

This paper focuses on the indirect expropriation around the issue of imputation.The concept of indirect expropriation has been accompanied by some problems that are difficult to be clarified from the very beginning:unclear concept,inconsistent standard of identification and unclear identification elements.However,in-depth study of these issues,the author found that all the issues are related to the issue of imputation.For example,is indirect expropriation a legitimate government act?What criteria should be adopted for the determination of indirect expropriation?What role should the different identification elements play in the identification of indirect expropriation?Explaining the imputation problem of identification of indirect expropriation can provide an answer to these problems,or at least the ideas to resolve them.This paper consists of five chapters.The first chapter starts with the mainstream indirect expropriation clauses in current international treaty law and analyzes the existing problems of indirect expropriation in the accountability system.Chapter two sorts out the theoretical origin of imputation system for indirect expropriation.Chapter three analyzes the disputes on the indirect expropriation identification standards from the perspective of liability issues and points out their respective limitations.Chapter four demonstrates the principle of imputation adopted by the current judicial arbitration institutions in determining indirect expropriation from the perspective of case demonstration.Chapter five draws the conclusion that indirect expropriation takes fault liability as the imputation principle based on the analysis of corresponding facts and facts above,and elaborates on the path of indirect expropriation fault imputation and the hints from it.Since the academic community has not yet carried out in-depth research on the indirect expropriation imputation system,this paper hopes to play a role in this respect and provide another perspective of indirect expropriation research.