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Indirect Expropriation in International Law (Hardcover)
Loot Price: R3,548
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Indirect Expropriation in International Law (Hardcover)
Series: Leuven Global Governance series
Expected to ship within 12 - 17 working days
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The precise circumstances in which a governmental measure amounts
to an indirect expropriation requiring compensation remains one of
the most controversial and important questions of contemporary
international investment law. This work provides a comprehensive
assessment of how international law has responded to this problem,
taking into account the jurisprudence from a range of international
courts and tribunals. It provides a helpful oversight of how the
law in this area has developed and where it may be heading in the
future.' - James Harrison, University of Edinburgh Law School,
UKWhen does a state measure become subject to compensation as an
indirect expropriation under international law? 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. Sebastian Lopez Escarcena
offers a comprehensive coverage of the history and main concepts of
the international law of expropriation. The interaction between
human rights conventions and investment treaties are analysed from
a global perspective, providing the reader with a unique insight
into expropriation at an international level. Within the course of
his examination, the author illuminates important concepts of
public law, from deprivation of property to payment of
compensation, and from margin of appreciation to proportionality.
In examining in detail the case law of different international
tribunals, this shrewd book formulates some insightful answers to
the threshold question, and will be of great interest to
decision-makers in investment treaty arbitrations, to legal
practitioners, state officers and scholars in international
investment law and international human rights law, and to anyone
dealing with international and comparative law in general.
Contents: 1. Introduction 2. From Compensation to Indirect Takings
3. Expropriation in Human Rights Law 4. The Approach of the Iran-US
Claims Tribunal 5. Bilateral Treaties and International Awards 6.
Takings in Multilateral Treaties 7. The Applicable Standard 8.
Conclusion Bibliography
General
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