国际投资视角下东道国环境管制与间接征收之冲突与协调

投资东道国为保护本国环境而采取的措施如果对外国投资者造成了相当于征收的效果则可能被提起间接征收的申诉而面临补偿，这引起了东道国环境管制权力与私人财产权之间的激烈冲突。然而合理、善意的环境管制措施应当远离征收之诉的藩篱，为此，WTO及一些区域协议等的做法值得借鉴。

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

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.