The Concept of Expropriation under the ETC and other Investment Protection Treaties
Article from: TDM 5 (2005), in Investor-State Disputes - International Investment Law
Summary
1. Expropriations, in order to be legal, must be in the public interest, non-discriminatory, must take place under due process of law and against prompt adequate and effective compensation. 2. Direct and overt expropriations have become rare. The typical form in which 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 ...