"Indirect Expropriation" and the "Right to Regulate" in International Investment Law / Organisation for Economic Co-operation and Development
Contributor(s): Resource type: Ressourcentyp: Buch (Online)Book (Online)Language: English Series: OECD Working Papers on International Investment ; no.2004/04Publisher: Paris : OECD Publishing, 2004Description: 23 p. ; 21 x 29.7cmSubject(s): Additional physical formats: Parallelausg.: L' "expropriation indirecte" et le "droit de réglementer" dans le droit international de l'investissement DOI: DOI: 10.1787/780155872321Online resources: Summary: It is a well recognised rule in international law that the property of aliens cannot be taken, whether for public purposes or not, without adequate compensation. Two decades ago, the disputes before the courts and the discussions in academic literature focused mainly on the standard of compensation and measuring of expropriated value. The divergent views of the developed and developing countries raised issues regarding the formation and evolution of customary law. Today, the more positive attitude of countries around the world toward foreign investment and the proliferation of bilateral treaties and other investment agreements requiring prompt, adequate and effective compensation for expropriation of foreign investments have largely deprived that debate of practical significance for foreign investors. Disputes on direct expropriation – mainly related to nationalisation that marked the 70s and 80s -- have been replaced by disputes related to foreign investment regulation ...PPN: PPN: 730039005Package identifier: Produktsigel: ZDB-13-SOC | ZDB-13-SOC-ebookNo physical items for this record