Compensation for Expropriation in the Investment Treaty Context
Article from: TDM 3 (2006), in International Investment Law at a Crossroads (Special)
Introduction
There is much that can usefully be discussed about compensation issues - given the limited time period for this talk, I will touch briefly upon a number of questions. What is the standard of compensation owing in the event of an expropriation? How do we measure the fair market value of property? How to choose among various measures of fair market value? Is an award based on a discounted cash flow valuation "double counting"? How does any of this relate to damnum emergens and lucrum cessans , if at all? Is ...