Indirect Expropriation

Anne K. Hoffmann

in Standards of Investment Protection

Published in print September 2008 | ISBN: 9780199547432
Published online March 2012 | e-ISBN: 9780191701467 | DOI:
Indirect Expropriation

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This chapter examines the current state of the law of foreign investment with regard to indirect expropriations. The findings reveal that tribunals often avoid having to make distinct findings on this issue if they have a choice to establish liability by means of other substantive treaty standards. An analysis of a case law indicates that the majority of decisions as to whether an indirect expropriation occurred base their reasoning on the sole effect doctrine.

Keywords: indirect expropriation; foreign investment law; liability; investment treaty; sole effect doctrine

Chapter.  9707 words. 

Subjects: Public International Law

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