Indirect Expropriations in International Investment Law and in Brazil: A Cross-Regime Approach
-
-
O.J. Guterres Costa Junior
-
-
J. Marinho Séves Santos
Published 27 October 2021
Abstract
Brazilian law does not present any provision forbidding indirect expropriation. However, the Brazilian Federal Constitution offers property rights a high degree of protection. Scholars point out that indirect expropriation should, then, be considered unconstitutional. There is, however, no parameter available for practitioners to determine that a certain regulation had expropriatory effect. This paper proposes that parameters currently used in international investment law might be used by Brazilian courts.
This paper will be part of the TDM Special Issue on "The Future of Investment Law in Latin America". More information here www.transnational-dispute-management.com/news.asp?key=1842
To read this article you need to be a subscriber
Subscribe
Fill in the registration form and answer a few simple questions to receive a quote.
Subscribe now
Suggested Citation
O.J. Guterres Costa Junior; J. Marinho Séves Santos (2021, forthcoming) "Indirect Expropriations in International Investment Law and in Brazil: A Cross-Regime Approach"
(TDM, ISSN 1875-4120) October 2021, www.transnational-dispute-management.com
Other recently published material:
Mainland Law in Island Courts: The Federal Arbitration Act in Puerto Rico and the U.S. Virgin Islands
5 October 2026
International Commercial Arbitration, Global Commerce, and the Domestic Expansion of the U.S. Federal Arbitration Act
2 October 2026
The Risk-Return Frontier Test: Priced Risk vs Structural Disruption
17 September 2026
Dispute Prevention Mechanisms in Central Asia: Institutional Innovations and Regional Practices
18 August 2026
The UNCITRAL Toolkit on Prevention and Mitigation of International Investment Disputes: A Case for Advancing Transparency in ISDS
11 August 2026
Complete listing of Advance publication.