Indirect and regulatory expropriation in international investment law: a critical review

Winters, Kevin (2015) Indirect and regulatory expropriation in international investment law: a critical review. LL.M(R) thesis, University of Glasgow.

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Abstract

The task of this thesis is to critically review the established position, regarding the
distinction that exists between compensable indirect and non-compensable regulatory
expropriation by states. It is commonly asserted that indirect expropriation by states will
merit swift and adequate compensation for investors that suffer damage to their property.
However indirect expropriation that is the result of the exercise of state regulatory
practices will not result in any such award to investors. In order to be convincing the
distinction between these two practices must be clearly identifiable. Moreover the
concepts used to construct these doctrines must be sufficiently robust to withstand logical
scrutiny. The central argument of this thesis is that the distinction is not sufficiently clear
to be credibly defended in the context of investment disputes.
Throughout, this thesis draws on the rulings of investment tribunals and the writings of
scholars on how this distinction has been created and subsequently defended in
international investment law. Furthermore it also seeks to grapple with the challenges that
appear evident in reconciling the rights of states and investors when dealing with a claim
of expropriation.
The intention in doing so is to appraise the accepted wisdom, and to highlight the
underpinning rationale so as to demonstrate the fundamental flaws that have created the
current state of affairs in international investment law.

Item Type: Thesis (LL.M(R))
Qualification Level: Masters
Keywords: international investment law, law
Subjects: K Law > K Law (General)
Colleges/Schools: College of Social Sciences > School of Law
Supervisor's Name: Rasulov, Dr. Akbar
Date of Award: 2015
Depositing User: Mr Kevin/ K Winters
Unique ID: glathesis:2015-6177
Copyright: Copyright of this thesis is held by the author.
Date Deposited: 12 Mar 2015 09:21
Last Modified: 24 Mar 2015 12:06
URI: http://theses.gla.ac.uk/id/eprint/6177

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