Nationalization of International Investment Law Research
|School||Southwest University of Political Science|
|Keywords||Nationalization International Investment Law Research Appropriate compensation Developed and developing countries Legal implications International investment relations Theory and Practice State contracts Debate|
Nationalization and compensation are always surveyed in the field of the international investment. There are many complex problems relating to different aspects of nationalization, including the forms, the legality, the limitations and the compensation norms of nationalization. It is more difficult to resolve these controversies with reference to the home sate. In order to make a primary survey of nationalization in international investment law, the thesis discusses the shaping forms, the legal definition and nature, the conditions and bases, compensation for nationalization and the theory and practice of nationalization in China.There are about 40,000 words in this thesis. Excluding the introduction, it is divided into five parts, of which the second, third and fourth parts are the key discussions.Part one: the historical evolution and theoretical analysis of nationalization. This part mainly expounds the emergence and prosperity of nationalization, the historical, social, economic and political causes of nationalization movement, the reasons for the drastic reduction of nationalization at present and the realistic meaning for discussing the problems of nationalization.Part two: the legal definition and nature of nationalization. The aim of this part is to discuss the legal definition and nature of nationalization. Nationalization is the state sovereignty, so that its legality can not be denied. By the same time, the scope, forms and the relation with expropriation of nationalization are also appropriately discussed in this part.Part three: the conditions and bases of nationalization. From the standpoint of the developing countries, this part focuses on discussing the conditions and bases of nationalization raised by the west, including public interest or public purpose, observing theproper legal procedure and nondiscrimination, observing international treaties and state agreement and paying appropriate compensation.Part four: compensation for nationalization. It has always been the controversy between the developed countries and the developing countries. The developed countries claim that full compensation must be paid. However, a few countries insist on non-compensation. And most developing countries’ claim is to appropriately compensate in accordance with real situations. After theoretically and practically discusses the above three claims, this part points out the unfeasibility of full compensation and non-compensation. Only appropriate compensation is broadly accepted in international society for its adapting to the new characteristics of the present international investment relationship.Part five: the theory and practice of nationalization in China. In this part, the view and legislation of nationalization in China are briefly expounded. And kinds of measures which should be taken for risk avoidance by overseas investors of China are specially discussed.