Expropriation in Investment Treaty Arbitration

In recent years, there has been a marked increase in the number of investors seeking compensation from states perceived to have expropriated their projects. Part of the Oxford International Arbitration Series, this work provides a comprehensive guide to expropriation and how it is applied in practice. Les mer
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Om boka

In recent years, there has been a marked increase in the number of investors seeking compensation from states perceived to have expropriated their projects. Part of the Oxford International Arbitration Series, this work provides a comprehensive guide to expropriation and how it is applied in practice.

The author offers a detailed examination of existing case law, from which common substantive principles of the international law on expropriation are drawn out. Relevant international cases from the ICJ, ECHR, and Iran-US Tribunal are considered to complement the focus on investment treaty arbitration and ICSID, UNCITRAL, NAFTA and ECT cases. The book examines the interplay between expropriation and other standards of treaty protection, such as fair and equitable treatment, as well as remedies
for expropriation. The reader embarks on a thorough examination of expropriation in investment treaty arbitration, from its evolution into an accepted principle in international law today, through to current trends and a critical assessment of the relevance of expropriation in the present day.
Expropriation in Investment Treaty Arbitration is a useful, systematic analysis of a topic that is of vital importance in arbitration practice, a key resource for all practitioners in this field.

Fakta

Innholdsfortegnelse

Part I: The Concept of Expropriation
1: Overview
2: Applicable law
3: Rights and interests protected under investment treaties
4: The concept of expropriation in investment treaty arbitration
Part II: The Test for Expropriation
5: The test for expropriation
6: Creeping expropriation
7: Regulatory expropriation
8: Contractual expropriation
9: Judicial expropriation
10: Exploration & other treaty standards
Part III: Remedies
11: Remedies in customary international law
12: The standard of compensation
13: Methods of valuation
14: Interest
Part IV: Concluding Remarks
15: Concluding remarks

Om forfatteren

Dr Johanne M. Cox, Independent Arbitrator and Consultant.