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International Law’s Protection Of Foreign-Owned Property Against Uncompensated Expropriation: Preserving Host State Regulatory Freedom

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Chapter Summary

This chapter presents an overview of the international law regarding expropriation of foreign-owned property, and then considers the intersection between investor protections and sustainable development. It focuses on recent investor-state dispute settlement cases. The chapter talks about development of principles, such as investor expectations, in the analysis of expropriatory behavior are desirable to ensure that investors' rights to enjoy their property may be balanced with wider sustainability concerns. It focuses on the level of protection provided under investment treaties for two reasons: (1) investment treaty protections have the widest application, and (2) the prevalence of recent practice through investor state arbitration, particularly under the North American Free Trade Agreement (NAFTA), provides a richer source of material for elucidating the law of expropriation.

Keywords: foreign-owned property; international law; North American Free Trade Agreement (NAFTA); uncompensated expropriation



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