Compensation for Indirect Expropriation in. International Investment Agreements: Implications of National Treatment and Rights to Invest. Emma Aisbett, Larry

Av E Düppe, 2014 — lack of a clear definition of the concept of indirect expropriation has led to interpretational issues regarding the distinction

The turn to proportionality analysis in indirect expropriation cases The turn to proportionality analysis in indirect expropriation cases has its origins in the early NAFTA cases of S.D. Myers v Canada26 and Feldman v Mexico.27 In these cases, tribunals focused primarily on the effect of the measure (which, in both cases, was insufficient for a Indirect Expropriation . In the case of an indirect expropriation the investor retains ownership of the investment but loses the ability to exercise the economic benefits arising therefrom. An indirect expropriation leaves the title untouched but deprives the investor of the possibility to utilize the investment in a commercially meaningful way. The expropriation clause in most BITs therefore commonly includes expropriation and nationalization as well as a reference to indirect measures, and accords them all the same legal treatment.13 10. These examples demonstrate that provisions on indirect expropriation, equivalent measures

Indirect expropriation

Köp boken Regulatory Freedom and Indirect Expropriation in Investment Arbitration av Aniruddha Rajput (ISBN policy space, environmental law, international investment law, IIA, fair and equitable treatment, legitimate expectations, national treatment, indirect expropriation, av T Asgharian · 2020 — measures constitute compensable indirect expropriation or a breach of the fair and equitable standard. Some of the environmental protection. av E Düppe · 2014 — distinguishing expropriation has therefore proven to be insufficient. The lack of a clear definition of the concept of indirect expropriation has led to interpretational Indirect Expropriation III. Current State of International Law with Respect to Expropriation 1. Introduction 2. Rules of Attribution 2.1 Introduction 2.2 Applicability of foreign and national investors; fair and equitable treatment; and protection against direct and indirect expropriation. Clear definitions needed.

“A Contracting Party shall not expropriate or nationalise directly or indirectly an investment in its territory of an investor of another Contracting Party or take any No Party may directly or indirectly nationalize or expropriate [emphasis added] an investment () or take a measure tantamount to nationalization or expropriation [ for indirect expropriations, their valuation processes, and the liquidation of the amount of compensation due for foreign property so expropriated, it is worthwhile to 8 Jan 2019 Most investment treaties explicitly address indirect expropriation as well as direct expropriation. For example, Article IV(1) of the US–Argentina Indirect Expropriation.

4 Expropriation may also be indirect ("de facto"), e.g. in the form of excessive tax laws applicable only to foreign investors. The concepts of indirect expropriation raise intricate problems, because there is no generally accepted and clear definition of the concept of indirect expropriation ("regulatory expropriation") and what distinguishes it from non-compensable regulation.

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.

Uppsats: Regulatory expropriation under international investment law - A case-law worldwide include expropriation provisions covering indirect expropriation

99 (Policy Options for IIAs, Section 4.5). expropriations take place nowadays is indirect expropriations or measures having an equivalent effect. The concept of indirect expropriation has been known for some time and is reflected in contemporary treaties for the protection of investments. The concept of indirect expropriation is also well established in international judicial practice.

Last week, Andrew posted about the possibility of an exception to investment obligations, as part of the TTIP. I'm interested to see where exceptions of this sort can take us in terms of preserving policy space, but I think we should also consider the obligations themselves as part of this debate. (ii) indirect expropriation occurs if a measure or series of measures of a Party has an effect equivalent to direct expropriation, in that it substantially or permanently deprives the investor of the fundamental attributes of property in its investment, including the right to use, enjoy and dispose of its investment, without formal transfer of title or outright seizure. alternative grounds, the discussion of indirect expropriation may be obiter.
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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. The turn to proportionality analysis in indirect expropriation cases The turn to proportionality analysis in indirect expropriation cases has its origins in the early NAFTA cases of S.D. Myers v Canada26 and Feldman v Mexico.27 In these cases, tribunals focused primarily on the effect of the measure (which, in both cases, was insufficient for a Indirect Expropriation . In the case of an indirect expropriation the investor retains ownership of the investment but loses the ability to exercise the economic benefits arising therefrom.

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. Finally, there are also non-discriminatory regulatory measures, i.e.
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The turn to proportionality analysis in indirect expropriation cases The turn to proportionality analysis in indirect expropriation cases has its origins in the early NAFTA cases of S.D. Myers v Canada26 and Feldman v Mexico.27 In these cases, tribunals focused primarily on the effect of the measure (which, in both cases, was insufficient for a

Здесь вы найдете много примеры переводов содержащие "indirect expropriation" - английский-русский перевод и система поиска по миллионам английских переводов. THE CASE OF INDIRECT EXPROPRIATION of "investment" reflects that intellectual property, even as an intangible asset, can be a valuable part of a foreign Abstract. Indirect Expropriation: A Controversial Issue in International Investment Law. The main purpose of this essay is to explore the term Expropriation, more regulatory measures amount to indirect expropriation or not, have been able to develop and apply the police power doctrine in a uniform manner? This inquiry is . INDIRECT EXPROPRIATION AND THE RIGHT TO REGULATE academic.oup.com/jiel/article-pdf/15/1/223/6470361/jgs012.pdf 29 May 2020 The resulting uncertainty regarding the tribunals' approach in defining an indirect expropriation, especially the fear of states from having their 10 Aug 2019 Many States argue that the concept of indirect expropriation interferes with their rights to regulate, and amend international treaties accordingly. Indirect Expropriation in the Law of.