Indirect Expropriation - LL.M. in International Legal Studies

Arbitral Practice – Public
Interest
• “I “In the th absence b of f an error of f fact f t or law, l of f
an abuse of power or of a clear
misunderstanding of the issue, issue it is not the
Tribunal’s role to substitute its own
judgement for the discretion of the
government of Burundi of what are
‘imperatives of public need … or of national
interest’.”
• Goetz and Others v. Republic of Burundi, ICSID Case No.
ARB/95/3 ARB/95/3, Decision on Liability Liability, 2 September 1998 1998, 6
ICSID Reports 5, 43, para. 126.
LL.M.
IN INTERNATIONAL LEGAL STUDIES