Hostname: page-component-586b7cd67f-t7czq Total loading time: 0 Render date: 2024-11-27T10:45:38.254Z Has data issue: false hasContentIssue false
  • English
  • Français

Compensation Cases—Leading and Misleading

Published online by Cambridge University Press:  27 February 2017

Oscar Schachter
Get access Rights & Permissions [Opens in a new window]

Abstract

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Agora: What Price Expropriation?
Information
American Journal of International Law , Volume 79 , Issue 2 , April 1985 , pp. 420 - 422
Copyright
Copyright © American Society of International Law 1985

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 See Arbitration between Kuwait and American Independent Oil Co. [AMINOIL], Mar. 24, 1982, 21 ILM 976 (1982).

2 Restatement (Second) of the Foreign Relations Law of the United States §§187-188 (1965).

3 Sohn, & Baxter, , Responsibility of States for Injuries to the Economic Interests of Aliens 55 AJIL 545, 560 (1961)Google Scholar (“less than full value would be just compensation when the state would otherwise have ‘an overwhelming financial burden’ “).

4 See also 3 Lillich, R., The Valuation of Nationalized Property in International Law 14-21 (1975)Google Scholar; Rubin, S., Private Foreign Investment 11-23 (1956)Google Scholar.

The U.S. Supreme Court, in applying the standard of just compensation under the Fifth Amendment, said:

The Court in its construction of the constitutional provision has been careful not to reduce the concept of “just compensation” to a formula. The political ethics reflected in the Fifth Amendment reject confiscation as a measure of justice. But the Amendment does not contain any definite standards of fairness by which the measure of “just compensation” is to be determined.

United States v. Cors, 337 U.S. 325, 332 (1948).