When does a state measure become subject to compensation as an indirect expropriation under international law? The author examines claims of indirect takings from such fora as the Iran-United States Claims Tribunal, the European Court of Human Rights, and arbitral panels in investment treaty arbitrations.
Sebastián López Escarcena offers a comprehensive coverage of the history and main concepts of the international law of expropriation. The interaction between human rights conventions and investment treaties are analysed from a global perspective, providing the reader with a unique insight into expropriation at an international level. Within the course of his examination, the author illuminates important concepts of public law, from deprivation of property to payment of compensation, and from margin of appreciation to proportionality.
In examining in detail the case law of different international tribunals, this shrewd book formulates some insightful answers to the threshold question, and will be of great interest to decision-makers in investment treaty arbitrations, to legal practitioners, state officers and scholars in international investment law and international human rights law, and to anyone dealing with international and comparative law in general.
Wednesday, April 2, 2014
López Escarcena: Indirect Expropriation in International Law
Indirect Expropriation in International Law (Edward Elgar Publishing 2014). Here's the abstract: