CASES OF INDIRECT EXPROPRIATION IN INTERNATIONAL ECONOMIC LAW
Journal Title: Challenges of the Knowledge Society - Year 2012, Vol 2, Issue 0
Abstract
Unforeseen difficulties arise along with the government measures whose object is not to expropriate or to nationalize the foreign investment, but to deprive the foreign investors of the rights attached to their investments. These measures are generally known as measures of indirect expropriation or nationalization. When asked about what falls into the concept of indirect expropriation, a simple answer can not be given easily, but the circumstances in which these measures may occur can be described and discussed. These measures could be grouped as follows: forced sale of property; forced sales of shares of an investment through a corporate vehicle; indigenization measures; taking control of investment management; determination of others to take physical property; failure to provide protection when there is interference with the foreign ownership; administrative decisions that cancel licenses and permits required for foreign businesses to operate in the host state; exorbitant taxation; the expulsion of the foreign investor contrary to the international law; harassment (e.g. freezing of the bank accounts). This paper therefore argues that in practice there are many situations which may be analysed as measures of indirect expropriation.
Authors and Affiliations
LAURA-CRISTIANA SPĂTARU-NEGURĂ, MIHAI SPĂTARU-NEGURĂ
Keywords
Related Articles
- EP ID EP148429
- DOI -
- Views 112
- Downloads 0
AN EMPIRICAL INVESTIGATION OF FACTORS AFFECTING CREDIT MARKET
We investigate through an econometric approach the credit market and the factors that interact with it. The current research is beyond the minor aspects of the behavior and determinants of credit market in Romania and ou...
ENERGY RELATIONS BETWEEN RUSSIA AND UKRAINE AFTER THE EUROMAIDAN: TRAPPED BETWEEN THE CONTRACTUAL SPACE AND THE SPACE OF SPACES
Russia-Ukraine energy relations have been mired in constant tension and contract renegotiations since the fall of the Soviet Union. Major examples of the conflict ridden character of mutual energy relations are the big d...
CORPORATE REPUTATION INFLUENCES CONSUMER SATISFACTION AND LOYALTY: EVIDENCE FROM CELLULAR INDUSTRY OF PAKISTAN
Research suggests that it takes five times more expenses to attract new customer than to retain existing consumer. The growing concern of corporations in today’s competitive environment is to retain consumers. As a resul...
INTERNATIONAL TRAFFIC OF NARCOTICS
The present essay tries to analyze the infringement referring to the international traffic of narcotics, an infringement regulated, together with other infringements regarding the traffic of narcotics, by Law no 143 of J...
CASES IN WHICH THE PATRIMONIAL LIABILITY OF THE EMPLOYER CAN BE ESTABLISHED
The employer’s patrimonial liability can be triggered if the employee was subject to a moral or material prejudice. Most often, the material damage caused to the employee consists in the denial of material rights, case i...