Taking of Aliens’ Property: The Line between the Concept of Indirect Expropriation and Government Regulatory Measures Not Requiring Compensation
| dc.contributor.author | MAGAJI W. OWOLABI, KUDIRAT | |
| dc.date.accessioned | 2023-08-23T11:06:55Z | |
| dc.date.available | 2023-08-23T11:06:55Z | |
| dc.date.issued | 2018-10-30 | |
| dc.description.abstract | It is a well recognised rule in international law that the property of aliens cannot be taken, whether for public purposes or not, without adequate compensation.. Two decades ago, the disputes before the courts and the discussions in academic literature focused mainly on the standard of compensation and measuring of expropriated value. The divergent views of the developed and developing countries raised issues regarding the formation and evolution of customary law. Today, the more positive attitude of countries around the world toward foreign investment and the proliferation of bilateral treaties and other investment agreements requiring prompt, adequate and effective compensation for expropriation of foreign investments have largely deprived that debate of practical significance for foreign investors. In this paper, we shall be looking at takings; the indirect expropriation and see how tribunals have dealt with the issue of taking on case by case bases. Although the scope of indirect expropriation was expanded even further by use of the language “take a measure tantamount to nationalization or expropriation of such an investment,” NAFTA‟s Chapter 11 did not contain any standard for identifying an indirect expropriation. Moreover, since the decisions of international tribunals do not have precedential value, there has been no consistency among the indirect expropriation cases. Many scholars have criticized NAFTA‟s Chapter 11 provision for going beyond U.S. | |
| dc.description.sponsorship | NONE | |
| dc.identifier.citation | KIU Journal of Social Sciences VOL 4(1) | |
| dc.identifier.issn | 2413- 9580. | |
| dc.identifier.uri | https://kwasuspace.kwasu.edu.ng/handle/123456789/1105 | |
| dc.language.iso | en | |
| dc.publisher | Faculty of Social Sciences, Kampala International University, Uganda. | |
| dc.title | Taking of Aliens’ Property: The Line between the Concept of Indirect Expropriation and Government Regulatory Measures Not Requiring Compensation | |
| dc.type | Article |