The Relationship Between International Investment Arbitration

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The author examines claims of indirect takings from such fora as the Iran-United States Claims Tribunal, the European Court of Human Rights, and arbitral panels in investment treaty arbitrations. Sebastián López Escarcena offers a comprehensive coverage of the history and main concepts of the international law of expropriation. 2006-04-15 · "‘Indirect Expropriation’ and the ‘Right to Regulate’ in International Investment Law" identifies the main criteria found in investment agreements and used by tribunals to articulate the difference between the two concepts. The final paper looks at most favoured nation treatment.

compensable indirect expropriation. A. Direct Expropriation . Cases of direct expropriation are usually readily identifiable. 12. and entail overt government taking of a foreign investment.

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The final paper looks at most favoured nation treatment. The Philip Morris tribunal’s reasoning on indirect expropriation is at two levels: first, whether the regulatory measures, i.e. the SPR and 80/80 Regulation, deprived Abal (Philip Morris Brand Sarl owned 100 percent of Abal—an entity constituted under the laws of Uruguay Footnote 52) of the value of its business or caused a “substantial * Sebastián López Escarcena, Indirect Expropriation in International Law (2014) [Edward Elgar Publishing] observe a fair balance between individual and community interests.

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An indirect expropriation leaves the title untouched but deprives the investor of the possibility to utilize the investment in a commercially meaningful way. The expropriation clause in most BITs therefore commonly includes expropriation and nationalization as well as a reference to indirect measures, and accords them all the same legal treatment.13 10.

The indirect expropriation clause under NAFTA had been criticized because it may give foreign investors broader protection than U.S. investors.2) To reflect. 21 Jul 2017 clearly determining what constitutes "indirect expropriation". However, by a descriptive and conceptual analysis of CETA's Article 8.12 and 20 Oct 2015 With indirect expropriations, the protected foreign investor retains ownership and physical possession of its investment but is nevertheless Posts Tagged 'Indirect Expropriation'.
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the SPR and 80/80 Regulation, deprived Abal (Philip Morris Brand Sarl owned 100 percent of Abal—an entity constituted under the laws of Uruguay Footnote 52) of the value of its business or caused a “substantial * Sebastián López Escarcena, Indirect Expropriation in International Law (2014) [Edward Elgar Publishing] observe a fair balance between individual and community interests. Indirect Expropriation as a Regulatory Measure. The difference between indirect expropriation and other regulatory measures is based on the criterion that classifies the measure as a means of regulating states under international investment regulations.

Se hela listan på academic.oup.com claims of indirect expropriation which highlight the limitations that this concept now imposes on states’ ability to regulate. 1. Overview of indirect expropriation Clauses protecting investors against ex-propriation have evolved to encompass indirect expropriation. In general terms, indirect expro-priation “occurs when there is an interference Indirect expropriation.
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99 (Policy Options for IIAs, Section 4.5). 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.

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Finally, there are also non-discriminatory regulatory measures, i.e. acts taken by States in the exercise of their right to regulate in the public interest that may lead to effects similar to indirect expropriation but at the same time are not classified as expropriation and do not give rise to the obligation Similarly, distinctions in the formulation of what constitutes a prohibited indirect expropriation are widespread, and here again, the contrast between the practice of North American treaties and those based on the ‘western hemisphere’ BITs show that the former tend to more precisely define what constitutes a prohibited indirect expropriation and which regulatory measures cannot amount to Indirect expropriation.

Indirect Expropriation in International Law: Lopez Escarcena

1. Max Gutbrod, Steffen Hindelang & Yun-I Kim. *. Table of Contents.

I focus, as a case study, on compulsory licenses and claims of indirect expropriation. Compulsory licenses bear an inherently contentious character. In international investor-State dispute settlement regime, the debates centred on the roles of “effect” and “public purpose intention” in finding indirect expropriation 8 Apr 2020 However, arbitral case law treats taxation as a special category. The general standard of indirect expropriation is then applicable with a higher Plain packaging and indirect expropriation of trademark rights under BITs: does FCTC help to establish a right to regulate tobacco products? Med Law. 2012 Dec; The second is indirect expropriation where a measure or series of measures by a Party has an effect equivalent to direct expropriation in that it substantially Key words: Indirect expropriation, regulatory takings, NAFTA. Article 1110, US Free Trade Agreements, investment protection, US Trade Act of 2002.