Indirect Expropriation - LL.M. in International Legal Studies

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Charter of Economic Rights and Duties of States Article 2(2) … (c) To nationalize, expropriate or transfer ownership of foreign property, in which case appropriate compensation should bbe paid id bby th the State St t adopting d ti such h measures, taking t ki iinto t account its relevant laws and regulations and all circumstances that the State considers pertinent. In any case where h th the question ti of f compensation ti gives i rise i tto a controversy, it shall be settled under the domestic law of the nationalizing State and by its tribunals, unless it is freely and d mutually t ll agreed d bby all ll St States t concerned d th that t other th peaceful means be sought on the basis of the sovereign equality of States and in accordance with the principle of free choice of means means. LL.M. IN INTERNATIONAL LEGAL STUDIES
Texaco v Libya 1977 • On Res 1803 • “On the basis of the circumstances of adoption mentioned above and by expressing an opinio juris communis, RResolution l ti 1803 (XVII) seems tto thi this TTribunal ib l tto reflect fl t th the state of customary law existing in this field. Indeed, on the occasion of the vote on a resolution finding the existence of a customary rule rule, the States concerned clearly express their views. The consensus by a majority of States belonging to the various representative groups indicates without the slightest doubt universal recognition of the rules therein incorporated, i.e., with respect to nationalization and compensation the use of the rules in force in the nationalizing State State, but all this in conformity with international law.” 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: Charter of Economic Rights and Duti
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 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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