Book contents
- International Investment Law and Legal Theory
- Cambridge Studies in International and Comparative Law: 158
- International Investment Law and Legal Theory
- Copyright page
- Dedication
- Contents
- Figures
- Preface
- Table of Cases
- 1 Introduction
- 2 Customary International Law
- 3 Investment Precedents
- 4 Treaty Interpretation
- 5 Doctrinal Scholarship
- 6 The Regulatory Expropriation Conundrum
- 7 Expropriation: A New Beginning
- 8 Expropriation Reconstructed
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
7 - Expropriation: A New Beginning
Published online by Cambridge University Press: 17 April 2021
- International Investment Law and Legal Theory
- Cambridge Studies in International and Comparative Law: 158
- International Investment Law and Legal Theory
- Copyright page
- Dedication
- Contents
- Figures
- Preface
- Table of Cases
- 1 Introduction
- 2 Customary International Law
- 3 Investment Precedents
- 4 Treaty Interpretation
- 5 Doctrinal Scholarship
- 6 The Regulatory Expropriation Conundrum
- 7 Expropriation: A New Beginning
- 8 Expropriation Reconstructed
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
Summary
In this chapter, the method of ‘frame-determination’ for IIA expropriation clauses is applied and three limits of the actus reus condition of typical IIA expropriation clauses are identified. (1) On the macro-structural level, concerning the interaction of IIA clauses with the rest of international law, facile references to customary international law are shown to be problematic: ‘’ in IIAs does not refer to a customary norm of certain validity and great specificity. (2) On the micro-structural level, the necessity of treating direct and indirect expropriation as fully equivalent is structurally inherent in typical IIAs. (3) All legality conditions are equal and cannot be doubled in the actus reus of indirect expropriation. The structure of typical IIA clauses does not support the majority of arguments based on ‘police powers’ or on a ‘right to regulate’.
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- International Investment Law and Legal TheoryExpropriation and the Fragmentation of Sources, pp. 186 - 262Publisher: Cambridge University PressPrint publication year: 2021