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Special considerations regarding indirect expropriation in international economic law

Laura-Cristiana Spataru-Negura ()
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Laura-Cristiana Spataru-Negura: „Nicolae Titulescu” University of Bucharest, Romania

Juridical Tribune (Tribuna Juridica), 2017, vol. 7, issue 2, 124-133

Abstract: The right to property is a human right that has to be respected so that if the property of a natural or legal person is taken over, the respective person has to be compensated. The right of a state to control the economic business is one of the rights sustained and exercised by the states on a constant basis. This reflects the inherent sovereignty of a state to control its people, incidents and objects found on its territory. Between these rights, the situation of indirect expropriation appears which has been described in the doctrine as being very abstract and rigid, big lacunae existing. The sense of the indirect expropriation and of the international investors’ protection against the indirect expropriation is very ambiguous. Using different methods specific to scientific analyse of the legal phenomenon (e.g. the logical method, the comparative method, the historical method and the quantitative methods), we consider that through this paper we can reach certain results that could be interesting for any legal practitioner or theoretician, this paper intending to present the most relevant cases that could amount to indirect expropriation.

Keywords: indirect expropriation; host state; foreign investor; investments. (search for similar items in EconPapers)
JEL-codes: K11 K23 K33 (search for similar items in EconPapers)
Date: 2017
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Handle: RePEc:asr:journl:v:7:y:2017:i:2:p:124-133