Chapter

The Concept of Indirect Expropriation in Comparative Public Law—Searching for Light in the Dark

Markus Perkams

in International Investment Law and Comparative Public Law

Published in print October 2010 | ISBN: 9780199589104
Published online January 2011 | e-ISBN: 9780191595455 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199589104.003.0004
The Concept of Indirect Expropriation in Comparative Public Law—Searching for Light in the Dark

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This chapter analyses the concept of indirect expropriation in international investment agreements. In particular, it focuses on the distinction between a compensable indirect expropriation and a non-compensable general regulation. The chapter begins by presenting the uncertainties surrounding the scope of indirect expropriation, which are reflected in partially contradicting decisions of arbitral tribunals. In order to provide some guidance for the interpretation of expropriation provisions in international investment agreements, it analyses the issue as it appears under the European Convention on Human Rights, US constitutional law, German constitutional law, and the law of the European Union. Finally, the approaches found are compared and common principles are extracted that can be used to interpret expropriation provisions in international investment agreements.

Keywords: indirect expropriation; general regulation; regulatory taking; comparative law; European Convention on Human Rights; constitutional law

Chapter.  21324 words. 

Subjects: Constitutional and Administrative Law

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