Indirect Expropriations in International Investment Law and in Brazil: A Cross-Regime Approach

O.J. Guterres Costa Junior
Guterres Costa Junior, Orlando José
J. Marinho Séves Santos
Marinho Séves Santos, José

Article from: TDM 4 (2022), in Latin America

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.

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Suggested Citation

O.J. Guterres Costa Junior; J. Marinho Séves Santos; "Indirect Expropriations in International Investment Law and in Brazil: A Cross-Regime Approach"
TDM 4 (2022), www.transnational-dispute-management.com

URL: www.transnational-dispute-management.com/article.asp?key=2910