Indirect Expropriation - LL.M. in International Legal Studies

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Non Non-discrimination discrimination An expropriation “that singles out aliens generally generally, or aliens of a particular nationality, or particular aliens, li would ld violate i l t iinternational t ti l law.” a • The Restatement (Third) of the Foreign Relations Law of the United States, , § 712, , Comment f. LL.M. IN INTERNATIONAL LEGAL STUDIES
Arbitral Practice – Non- discrimination IIn one of f the h Libyan Lib oil il concession i arbitrations, , the expropriation p p was held having been made “[…] for purely extraneous political reasons and […] arbitrary and discriminatory in character. character ” • British Petroleum v Libya, Award, 10 October 1973 und 1 August 1974 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 and 22: Bayindir 2009 • However, “gover
Page 23 and 24: Types of Expropriation • EExpropr
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: Arbitral Practice - Public Interest
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

Indirect Expropriation - LL.M. in International Legal Studies

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