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In Search Of The Frontiers Of Indirect Expropriation

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Chapter Summary

International Investment Agreements, be they bilateral, regional, or multilateral, do not provide definitions of expropriation. Several terms are employed to designate the substance of the measures concerned. The term expropriation is used in a generic manner: one can use it to designate all types of confiscatory measures whose effect is regarded as requiring compensation of the investor. Direct expropriation is a measure that aims at the forced transfer of the property of a private person to the State. The expression indirect expropriation is sometimes used in an interchangeable manner with that of de facto expropriation, in order to distinguish it from the direct expropriation considered as an expropriation de jure. Creeping expropriation can in fact be viewed as a composite act, as established by the International Law Commission in its Articles on State Responsibility.

Keywords:creeping expropriation; direct expropriation; indirect expropriation; International Investment



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