Research on the Indirect Expropriation Article of the EU New International Investment Treaty

Although the academic circle and practice field have proposed a lot of suggestions，it still need to be perfect. In the EU TTIP draft，the indirect expropriation article took the mode of sole effect doctrine and police powers doctrine. However，this EU mode has not regulated on the legitimate expectation、proportion test and transparency. So we should understand the shortcoming of the EU mode to perfect China's indirect expropriation article. Meanwhile the doctrines of economic efficiency and risk allocation are significant for perfecting China's indirect expropriation. China-Korea FTA fully regulated the indirect expropriation，but combined with the EU mode，it is needed to be perfect. We should analysis deeply，for preparing for the China-EU Bilateral Investment Treaty.