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The concept of indirect expropriation is also well established in international judicial practice. 3. Indirect expropriation under international investment law. Francesco Gelmetti. Download PDF. Download Full PDF Package. This paper. A short summary of this paper.

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Indirect Expropriation Under indirect expropriation, the foreign investor retains the title to the property but forgoes the right to earn any returns from the investment. The domestic government does not seize the property absolutely but acquires the right to keep any earnings arising out of commercialization of the property. When does a state measure become subject to compensation as an indirect expropriation under international law? The author examines claims of indirect takings from such fora as the Iran-United States Claims Tribunal, the European Court of Human Rights, and arbitral panels in investment treaty arbitrations.


Usually, the criterion for determining indirect expropriation is provided by tribunal laws. ‘The precise circumstances in which a governmental measure amounts to an indirect expropriation requiring compensation remains one of the most controversial and important questions of contemporary international investment law. This work provides a comprehensive assessment of how international law has responded to this problem, taking into account the jurisprudence from a range of indirect expropriation clauses are not sufficient in preserving states’ environ-mental regulatory space. To cure this deficiency, the Article proposes a five-element test to be included in future IIAs to distinguish legitimate environ-mental regulation from compensable indirect expropriation.

Indirect expropriation

Investment Arbitration in Eastern Europe av Hobér Kaj

About this book: Regulatory Freedom and Indirect Expropriation in Investment Arbitration presents a conceptual framework for the scope, relationship and method for delineating between regulatory freedom and indirect expropriation and ways for resolving these issues in practice. I dag · The new law is akin to “indirect expropriation” of fuel retailers’ assets, said Oscar Lopez Velarde, a law professor at Universidad Iberoamericana who specializes in energy issues.

Historic instances of expropriation included outright takings of property, but nowadays expropriation is most commonly a result of indirect governmental measures that have the equivalent effect of a formal taking of property. Direct expropriation and indirect expropriation Expropriation is the term used to describe a government’s decision to seize privately owned assets under an assertion of sovereign authority. It is one of the most serious threats to their operations (along with acts of terrorism and civil unrest) that American countries perceive when expanding their business into the developing world. The Spanish investors alleged that the Russian tax authorities' measures amounted to an indirect expropriation under the investment protection treaty and that they were due adequate compensation. categorized as indirect expropriations.
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At present, claims of indirect expropriation are commonplace under BIT and multilateral treaty mechanisms allowing investors to bring claims directly against host Pris: 2155 kr. inbunden, 2018.

Generally, states do not engage in compensable expropriation when they enact compensation for expropriation of foreign investments have largely deprived that debate of practical significance for foreign investors. Disputes on direct expropriation – mainly related to nationalisation that marked the 70s and 80s -- have been replaced by disputes related to foreign investment regulation and "indirect expropriation".
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When does a state measure become subject to compensation as an indirect expropriation under international law?