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Special considerations regarding indirect expropriation in international economic law

Author

Listed:
  • Laura-Cristiana Spataru-Negura

    („Nicolae Titulescu” University of Bucharest, Romania)

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.

Suggested Citation

  • Laura-Cristiana Spataru-Negura, 2017. "Special considerations regarding indirect expropriation in international economic law," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 7(2), pages 124-133, December.
    • Handle: RePEc:asr:journl:v:7:y:2017:i:2:p:124-133
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    File URL: http://tribunajuridica.eu/arhiva/An7v2/14.%20Spataru-Negura.pdf
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    References listed on IDEAS

    as
    1. Adeokun LA. & Adepoju A. & Ilori FA. & Adewuyi AA., 1984. "Ife labour market: a Nigerian case study," ILO Working Papers 992294953402676, International Labour Organization.
    2. repec:ilo:ilowps:229495 is not listed on IDEAS
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    More about this item

    Keywords

    indirect expropriation; host state; foreign investor; investments.;
    All these keywords.

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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