Non-Compensatory versus Compensatory Takings Under NAFTA
Article from: TDM 7 (2012), in USMCA - NAFTA
This article addresses two issues concerning the international law of expropriation. The first issue involves a line drawing exercise between whether a government measure is a non- compensable regulation or a compensatory taking. The second issue involves identification and delineation of the substantive content of the indirect expropriation standard of investment protection. To address these issues, this article empirically analyzes the arbitral treatment of the North American Free Trade Agreement (NAFTA) to ask whether NAFTA's expropriation provision favours the interests of states or ...