Access the full text.
Sign up today, get DeepDyve free for 14 days.
References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.
I. INTRODUCTION Looking beyond the issue of outright takings, one finds that under international law a taking of foreign investment may occur not only by a formal decree of nationalization or legislation designed to achieve that goal but also through other indirect means which may have the same effect as direct expropriation.' There are various strategies used by host States to effectuate what would amount to an expropriation, but without acknowledging it as such, in an attempt to avoid the stigma and international legal consequences of a direct, and therefore compensable, taking.2 Many policies requiring what used to be a formal and direct expropriation of tangible property are now being operated by such indirect strategies. Therefore, the focus of attention in international investment law is shifting from the simple identification of a government taking of tangible property to the new indirect means which may have the same effect as direct expropriation.3 State measures affecting foreign investment in an indirect manner pose a special difficulty from the standpoint of what would amount to an expropriation and how significant the measure must be to constitute a taking for which compensation should be paid. These questions have bedeviled governments, international tribunals
Journal of World Investment and Trade – Brill
Published: Jan 1, 2004
Read and print from thousands of top scholarly journals.
Already have an account? Log in
Bookmark this article. You can see your Bookmarks on your DeepDyve Library.
To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.
Copy and paste the desired citation format or use the link below to download a file formatted for EndNote
Access the full text.
Sign up today, get DeepDyve free for 14 days.
All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.