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Best Practices: Indirect Expropriation

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Best Practices: Indirect Expropriation

This paper focuses on the definition of indirect expropriation in international investment law and aims to identify a set of criteria to overcome the existing issue of consistency and foreseeability while helping to provide a clear definition of the concept of indirect expropriation.

It also looks at current practice in recent investment treaties and the criteria for identifying an indirect expropriation as derived from tribunal case law. Finally, the paper presents possible solutions to address the existing issues, through redrafting of clauses following some best practices in recent investment treaties, and the possibility of tribunals adapting their case law to the current challenges.