Title Page
ABSTRACT
Contents
LIST OF ABBREVIATION 8
INTRODUCTION 9
Chapter I: Rationales of expropriation 15
I. Expropriation 16
1. Direct expropriation 21
2. Indirect expropriation 24
II. Establishing a lawful expropriation 36
1. Public purpose 36
2. Non-discrimination 40
3. Due process of law 42
4. Payment of compensation 47
Chapter 2: Regulatory measures 49
I. Police power 49
1. Definition 49
2. Scope of police power 51
II. Regulatory measure 54
III. Cases 60
1. Chemtura Corporation v. Government of Canada 61
2. Methanex Corporation v. United States of America 65
Chapter 3: Distinguishing compensable indirect expropriation from non-compensable regulatory measures 71
I. The confusion between indirect expropriation and regulatory measures 71
II. Factors of an assessment of expropriation 77
1. Impact of the measure 77
2. Interference with investor's expectations 83
3. Nature, purpose and character of the measure 86
III. Factors of an assessment of regulatory measure 88
IV. Opinions of Scholars 93
Chapter 4: Lessons for Vietnam 95
I. Contribution of foreign investment sector into Vietnamese economy 95
II. Provision on expropriation and regulatory measure in investment law of Vietnam 99
III. Concluding investment agreements 106
CONCLUSION 116
REFERENCE 121