Jump to ContentJump to Main Navigation
Shifting Paradigms in International Investment LawMore Balanced, Less Isolated, Increasingly Diversified$
Users without a subscription are not able to see the full content.

Steffen Hindelang and Markus Krajewski

Print publication date: 2016

Print ISBN-13: 9780198738428

Published to Oxford Scholarship Online: April 2016

DOI: 10.1093/acprof:oso/9780198738428.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 30 November 2020

Expropriation in the Light of the UNCTAD Investment Policy Framework for Sustainable Development

Expropriation in the Light of the UNCTAD Investment Policy Framework for Sustainable Development

Chapter:
(p.81) IV Expropriation in the Light of the UNCTAD Investment Policy Framework for Sustainable Development
Source:
Shifting Paradigms in International Investment Law
Author(s):

Lukas Stifter

August Reinisch

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198738428.003.0005

Over the last decade, it has been recognized that foreign direct investment (FDI) by far outnumbers the official development assistance (ODA) and is therefore crucial to achieve sustainable development. Against this background, UNCTAD has adopted an investment policy framework for sustainable development in 2012 which proposes to create a new generation of investment treaties taking into account sustainable development concerns. Interestingly, this UNCTAD Framework does not consider omitting an expropriation clause to be an available option. Based on this finding, this contribution scrutinizes whether commitments governing expropriations undertaken by States within IIAs restrain their regulatory power and thus prevent them from adopting measures serving sustainable development.

Keywords:   International Investment law, sustainable development, public interest, right to regulate, expropriation, indirect expropriations

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .