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date: 18 September 2020

Abstract and Keywords

Expropriation in the sense of an outright taking of private property by the state, usually involving a transfer of ownership rights to the state or to a third person, has been a major public international law issue throughout the twentieth century. The Communist and Mexican nationalization measures in the 1920s, followed by socializations of private property in Eastern European countries after World War II and takings of foreign investments in developing countries in the course of the decolonization process, as well as the oil concession disputes of the 1960s and 1970s, mark the most important waves of expropriations of foreign property. Today, the predominant form of expropriation is indirect expropriation. It has been rightly said that the single most important development in state practice has become the issue of indirect expropriation. This article addresses the problem of indirect expropriation by focusing on the actual judicial and, to a large extent, arbitral practice in the respective fields.

Keywords: expropriation, private property, ownership rights, public international law issue, Mexican nationalization measures, foreign investments

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