Compensation for losses as a form of the rights of foreign investments against unlawful expropriation
Journal Title: Альманах міжнародного права - Year 2018, Vol 20, Issue
Abstract
Compensation for losses, as a rule, is considered as one of the types of legal responsibility for the violated rights of one of the parties at the legal relations. However, the con sideration of this category through the prism of investment legal relations did not occur in de tail. Moreover, the degree of the study “compensation of damages” as a form of protection of investments from unlawful expropriation is rather small. This study examines the theoretical and practical application of compensation for damage in violation of ownership of investment objects. The author based on the theory of law and inferences previously studied this topic initially con siders the category of “compensation for damages” as a type of legal liability. Then, a distinction was made between the payment of compensation and compensation for losses in expropriation, so this issue is also affected. Reference is made to the differentiation of these concepts in terms of functional and target characteristics, although there are no differences in economic content. The norms of the Ukrainian legislation in the sphere of investment regulation are cited as an example of the legislation of the recipient state that foreign investors can rely on in case of unlawful seizure of their property for protecting themselves.
Authors and Affiliations
И. М. АШИХМИН
Keywords
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