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Indirect Expropriation In International Law

Indirect Expropriation In International Law

Author: Sebastián López Escarcena
Publisher: Edward Elgar Publishing
ISBN: 9781782544104
Published In: March 2014
Format: Hardback , 296 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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When 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.

Sebastián López 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
Sebastián López Escarcena, Lecturer in International Law, Pontificia Universidad Católica de Chile
‘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, UK