Indirect expropriation in international law

Bibliographic Information

Indirect expropriation in international law

Sebastián López Escarcena

(Leuven global governance)

E. Elgar, c2014

  • : hardcover

Available at  / 6 libraries

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Note

"Leuven Centre for Global Governance Studies"--Cover

Bibliography: p. 229-248

Includes index

Description and Table of Contents

Description

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

Table of Contents

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

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Details

  • NCID
    BB15598705
  • ISBN
    • 9781782544104
  • LCCN
    2013949821
  • Country Code
    uk
  • Title Language Code
    eng
  • Text Language Code
    eng
  • Place of Publication
    Cheltenham, UK
  • Pages/Volumes
    xxxix, 254 p.
  • Size
    24 cm
  • Classification
  • Subject Headings
  • Parent Bibliography ID
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