Expropriation in Investment Treaty Arbitration
Series: Oxford International Arbitration Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 16 May 2019
- ISBN 9780198804918
- Binding Hardback
- No. of pages416 pages
- Size 253x177x30 mm
- Weight 876 g
- Language English 0
Categories
Short description:
This work provides a comprehensive guide to expropriation and how it is applied in practice. It offers detailed examination of existing case law and explores the interplay between expropriation and other standards of treaty protection.
MoreLong description:
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.
Table of Contents:
Part I: The Concept of Expropriation
Overview
Applicable law
Rights and interests protected under investment treaties
The concept of expropriation in investment treaty arbitration
Part II: The Test for Expropriation
The test for expropriation
Creeping expropriation
Regulatory expropriation
Contractual expropriation
Judicial expropriation
Exploration & other treaty standards
Part III: Remedies
Remedies in customary international law
The standard of compensation
Methods of valuation
Interest
Part IV: Concluding Remarks
Concluding remarks
