- Table of Cases
- Table of International Treaties and Conventions
- Table of Rules and Resolutions
- Table of Legislation
- List of Contributors
- Policy Issues
- Investment, Investor, Nationality, and Shareholders
- Applicable Law
- Multilateral Investment Rules Revisited
- Interactions Between Investment and Non-investment Obligations
- Trade and Investment
- Admission and Establishment
- Standards of Treatment
- Coverage of Taxation Under Modern Investment Treaties
- Most-Favoured-Nation Treatment
- Emergency Exceptions: State of Necessity and <i>Force Majeure</i>
- Investment Insurance
- State Responsibility and Attribution
- Regulatory Transparency
- Corporate Social Responsibility
- Methods of Dispute Resolution
- Procedural Transparency
- Independence, Impartiality, and Duty of Disclosure of Arbitrators.
- Consent to Arbitration
- Jurisdiction and Admissibility
- The Jurisdictional Threshold of a Prima-Facie Case
- The Relationship between International Tribunals and Domestic Courts
- Parallel Proceedings
- Compensation, Damages, and Valuation
- Review of Awards
- An Appellate System in International Investment Arbitration?
- Compliance and Enforcement
- A Doctrine of Precedent?
- Tribunal's Powers versus Party Autonomy
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.
August Reinisch is Professor of International and European Law, University of Vienna, and Professional Lecturer, Bologna Center of SAIS/Johns Hopkins University.
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