2013

Indirect Expropriation in International Investment Law - Stângaciu Geanina
Abstract: The role of international investment law has become increasingly important in recent decades, leading thus to the need to protect the investment and the investor from various dangers, including expropriation. Even though, in the current economic climate in which states are seeking to attract investments, expropriation became less visible, it has not disappeared, shifting from its direct form to a one much more subtle – indirect expropriation.

Concerning this concept, there are multiple questions that arise and to which this paper aims to answer: the recognition of indirect expropriation, its regulation and the extent to which the state may affect the value of investments by domestic regulations without being liable for damages.

Keywords: indirect expropriation, creeping expropriation, investment, investor, substantial deprivation, investment protection treaties

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