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Indirect Expropriation - LL.M. in International Legal Studies

Indirect Expropriation - LL.M. in International Legal Studies

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Creep<strong>in</strong>g expropriation<br />

• “This type of expropriation does not necessarily take place<br />

gradually or stealthily — the term “creep<strong>in</strong>g” refers only to a<br />

type of <strong>in</strong>direct expropriation — and may be carried out<br />

through a s<strong>in</strong>gle action action, through a series of actions <strong>in</strong> a<br />

short period of time or through simultaneous actions.<br />

Therefore, a difference should be made between creep<strong>in</strong>g<br />

expropriation and de facto expropriation expropriation, although they are<br />

usually <strong>in</strong>cluded with<strong>in</strong> the broader concept of “<strong>in</strong>direct<br />

expropriation” and although both expropriation methods<br />

may take place by means of a broad number of actions that<br />

have to be exam<strong>in</strong>ed on a case-by-case basis to conclude<br />

if one of such expropriation methods has taken place.”<br />

• Tecmed vv. Mexico Mexico, ICSID Add Add. Facility 2003 2003, para 114 114.<br />

<strong>LL</strong>.M.<br />

IN INTERNATIONAL LEGAL STUDIES

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