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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.
Inhaltsverzeichnis
- 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 and 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
Über den Autor / die Autorin
Dr Johanne Cox is an international arbitrator, dual-qualified as a barrister and solicitor-advocate in England and Wales, with extensive experience in cross-border commercial and investment disputes.
Zusammenfassung
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.
