The Concept of "Indirect Expropriation", its appearance in the international system and its effects in the regulatory activity of governments
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1 décembre 2011
- handle: 10670/1.zbl35d
info:eu-repo/semantics/openAccess
Mots-clés
Expropriation indirect expropriation Bilateral Investment Treaty Free Trade Agreement Foreign Investment NAFTASujets proches
Condemnation of land Land, Condemnation of Compulsory purchase (Eminent domain) Takings (Eminent domain) Domain, Eminent Expropriation Eminent domain--Law and legislationCiter ce document
Courtenay Barklem et al., « The Concept of "Indirect Expropriation", its appearance in the international system and its effects in the regulatory activity of governments », Civilizar Ciencias Sociales y Humanas, ID : 10670/1.zbl35d
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Résumé
The protection of an alien's property in a host country against direct expropriation has long existed in the international arena. Examples of direct expropriation include nationalization, physical seizure of assets or legislated transfer of assets to the state. However such physical takings are no longer common practice. Nowadays, expropriation comes mainly in the form of "indirect expropriation": acts and steps taken by governments which interfere with the right to the property or diminish the value of the property. This paper explores the most relevant antecedents of the concept of indirect expropriation, its appearance in the international system, the inclusion in BITs and Investment Chapters of FTAs, and the effect that the concept is having on the regulatory activity of governments.