Judicial Expropriations - Difficulties in Drawing the Line between Adjudication and Expropriation
Article from: TDM 2 (2019), in Judicial Measures and Investment Treaty Law
When foreign investors complain of measures that adversely impact their investment, the authorities from which these measures originate often pertain to very different government branches. At first glance, it appears that investment treaties and the pertinent rules of state responsibility take this fact into account because they provide for equal application of investment protection rules to acts of all branches of a state. However, when it comes to acts of the judiciary, we are confronted with a somewhat complicated situation. First, cases dealing with violations of expropriation ...