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Vol 22 No 11 Nov/Dec 2017

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Indirect Expropriation in International Law

ISBN13: 9781782544104
Published: March 2014
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £80.00

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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.

Sebastian Lopez 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.

Public International Law
1. Introduction
2. From Compensation to Indirect Takings
3. Expropriation in Human Rights Law
4. The Approach of the Iran-US Claims Tribunal
5. Bilateral Treaties and International Awards
6. Takings in Multilateral Treaties
7. The Applicable Standard
8. Conclusion