Indirect Expropriation - LL.M. in International Legal Studies

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What constitutes an expropriation? • One of the main issues in international investment law during g the last 20 yyears has been the question of identifying and delimiting compensable expropriation from lesser interferences. LL.M. IN INTERNATIONAL LEGAL STUDIES
Types of Expropriation • EExpropriation i ti = ttaking ki against i t compensation • Nationalization = large-scale takings • Confiscation = taking without compensation • Creeping expropriation = constructive taking = indirect expropriation LL.M. IN INTERNATIONAL LEGAL STUDIES
Page 1 and 2: Expropriation in International Inve
Page 3 and 4: Traditional Expropriation p p Law A
Page 5 and 6: Permanent Sovereignty Over Natural
Page 7 and 8: Charter of Economic Rights and Duti
Page 9 and 10: Texaco v Libya 1977 • On Res 1803
Page 11 and 12: What may be expropriated? • Class
Page 13 and 14: Arbitral Practice “It is i also l
Page 15 and 16: Expropriation vs. breach of contrac
Page 17 and 18: ILC Articles on State Responsibilit
Page 19 and 20: Waste Management II • “The mere
Page 21: Bayindir 2009 • However, “gover
Page 25 and 26: Prohibition of Expropriation •
Page 27 and 28: Prohibition of Expropriation • 19
Page 29 and 30: Indirect Expropriation • 2004 CCa
Page 31 and 32: Indirect Expropriation • … c) )
Page 33 and 34: Creeping expropriation • “This
Page 35 and 36: Sole effects doctrine • While ass
Page 37 and 38: Irrelevance of purposes “E “Exp
Page 39 and 40: Actual Findings of Expropriation
Page 41 and 42: Actual Findings of Expropriation
Page 43 and 44: Legality of Expropriations - Custom
Page 45 and 46: Public Interest/Public Purpose “N
Page 47 and 48: Arbitral Practice - Public Interest
Page 49 and 50: Arbitral Practice - Public Interest
Page 51 and 52: Arbitral Practice - Non- discrimina
Page 53 and 54: Due Process “D “Due process of
Page 55 and 56: Arbitral Practice - Due Process •
Page 57 and 58: Compensation - BIT Standard • “
Page 59 and 60: Meaning of “prompt, adequate and
Page 61 and 62: “Prompt” Prompt • “Alth “
Page 63 and 64: Fair Market Value • 1992 World Ba
Page 65 and 66: Arbitral Practice on Compensation
Page 67 and 68: Consequences of the Legal/Illegal D
Page 69 and 70: The Distinction Upheld • “The l
Page 71 and 72: Methanex Methanex and Saluka Saluka
Page 73 and 74:
Methanex Methanex “[…] the Cali
Page 75 and 76:
The consequence of the Methanex doc
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Indirect Expropriation - LL.M. in International Legal Studies

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