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Title: Indirect expropriation in international law
Author: López Escarcena, Rafael Sebastián
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 2008
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The protection of aliens offers an international minimum standard of treatment. The main interference risked by foreign investors is the expropriation of their property. This may occur in two forms: as an outright taking or as measures having an equivalent effect. Changes in international economics and politics have placed the latter in the centre of legal debate. Indirect takings refer to those measures that are not openly expropriatory, but result in the deprivation of the property of an alien. Identifying the boundaries between them and non-compensable regulatory measures is the chief problem in this area of international law. While the issue is left unsolved by the conceptual analysis of indirect takings, two doctrines provide useful guidelines on it. The first one has been identified as the sole-effect doctrine. According to this position, the central factor in establishing whether an indirect taking has occurred is the result of the host-state measures on the affected property. The second position is the so-called police powers doctrine. Besides the effect on the alien’s property, this takes into account the purpose and the context of the respective measures. The present thesis investigates which of these doctrines conform to international law. For that purpose, it studies the protection of the property of aliens in the law of nations, as developed in the different international fora where the issue has been addressed, and the minimum standard of treatment on which it is based.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available