Chapter

Legality of Expropriations

August Reinisch

in Standards of Investment Protection

Published in print September 2008 | ISBN: 9780199547432
Published online March 2012 | e-ISBN: 9780191701467 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199547432.003.0009
Legality of Expropriations

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This chapter examines the general international law on the legality of expropriation. It analyses the relevant case law of investment tribunals in order to ascertain the relevant criteria for assessing the legality of expropriations. The findings reveal that tribunals are willing to engage in a genuine investigation of whether the legality requirements of expropriation are fulfilled and that they are fairly consistent in requiring compensation in order to regard an expropriation as lawful.

Keywords: expropriation; international law; investment tribunals; compensation

Chapter.  16529 words. 

Subjects: Public International Law

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