Abstract:Governments’ environmental regulation measures are not treated as an exception in the present international practice of indirect expropriation. Environmental expropriation measures should have legality without compensation, which are based on corporate social responsibility, and polluter pays principle, police power exception, treaty obligation, precautionary principle, and national environmental obligation priority. Our country’s investment treaty should stipulate explicitly environmental exception in the article of indirect expropriation and refine the specific criteria for judgment.
白明华. 基于环境的管制措施与间接征收的冲突和协调[J]. , 2012, 1(5): 16-21.
BAI Ming hua. Coordination between Environmental Regulation Measures and Indirect Expropriation in Investment Treaty. , 2012, 1(5): 16-21.