By Suzy H. Nikiema, March 2012
This paper investigates indirect expropriation in international investment law. Indirect expropriation is when the State acts in a way that is detrimental to foreign private ...
... expropriation. What I care about is what’s written in the law passed by Congress. That’s what matters…” she says. “They might say ‘we won’t expropriate you,’ but maybe the next person will be different. ...
... of an access channel to a coal seaport facility, the disruption of gold mining activities by ongoing civil strikes and illegal miners, the alleged expropriation of a local financial institution during ...
... for investments; and discriminatory or arbitrary conduct. Prohibition on uncompensated expropriation: Expropriation is the taking of an investment by a state. The taking can be direct, such as seizing ...
... lawyers say this constitutes expropriation and is open to ISDS claims.
The future
More than 600 social organizations have called on governments to block the use of ISDS in relation to COVID-19 measures, ...
... and the United States) puts new limitations on investor claims. For example, claims cannot be made for indirect expropriation, which is used by companies to get “compensated” for profits it expected to ...
... for bringing arbitration within the treaty are highly restrictive. According to this treaty, arbitration disputes should be limited only to disputes over the value of expropriation of a given project. ...
... Article 1105. Minimum Standard of Treatment; and Article 1110. Expropriation and Compensation”, says the file of the Secretariat of Economy.
The lawsuit
The 26-page document, entered on April 5, alleges ...
...
Indirect Expropriationwas invoked in over half of the cases. This is especially egregious since it relates to so-called expropriation of anticipated future lost profits, rather than the physical seizure ...
... to water, health and a safe environment is perhaps surprising enough. What is more shocking is they are suing not for compensation for confiscation or expropriation – they never even started work - but ...
... expropriation from El Salvador.
A stretch still to come
Yesterday marked the end of the last round of arguments of the parties before the panel, consisting of three adjudicators, but the final decision ...
... law that significantly reduces the value of a foreign company’s investment, that company can sue the government for “indirect expropriation.” If a government implements more stringent environmental protections, ...
... Treatment" and "indirect expropriation" which require the state to give foreign firms the same benefits given to Salvadoran firms and defines any governmental action or inaction that harms potential investment ...
... mining exploitation permit, the company has filed a $120 million lawsuit against the country in the International Center for the Settlement of Investment Disputes ICSID, arguing profit expropriation.
To ...
... “indirect expropriation” in the context of Chapter 10 of CAFTA. On April 30th of 2009, Pacific Rim took its case to the International Center for the Settlement of Investment disputes (ICSID) of the World ...
... American Free Trade Agreement (CAFTA), especially the “indirect expropriation” mechanism, which refers to an action or omission by a government that affects investment.
The Absence of a Law that Bans ...