Data Localization and Indirect Expropriation in International Investment Law
Due to concerns and protection of data security,data localization measures are gradually e-merging.Data localization may result in a long-term loss of immediate or future investment benefits for investors,which may violate the indirect expropriation provisions of international investment law.To this end,it is necessary to first prove that the"data"meets the investment requirements,then deter-mine whether the indirect expropriation is established by analyzing multiple influencing factors,and fi-nally use the indirect expropriation exception clause to exclude the expropriation nature of the host State's actions to exempt from liability.In order to avoid accusations that data localization constitutes indirect expropriation,China should clarify the legislative value of data localization and establish a clas-sified and hierarchical data management system to coordinate international investment protection obli-gations.
万方数据
维普
