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International Investment Law and Comparative Public Law$
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Stephan W. Schill

Print publication date: 2010

Print ISBN-13: 9780199589104

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199589104.001.0001

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Comparative Compensation for Expropriation

Comparative Compensation for Expropriation

(p.755) 24 Comparative Compensation for Expropriation
International Investment Law and Comparative Public Law

Borzu Sabahi (Contributor Webpage)

Nicholas J. Birch

Oxford University Press

This chapter examines the principles of compensation for expropriation through a comparison of investment arbitration and other legal systems. It discusses the treatment of compensation for expropriation in arbitration under investment treaties, including the treatments of lawful and unlawful expropriation, fair market value, the date of valuation, and moral damages for expropriation. As there remain a number of issues related to these various aspects of compensation, which are recent and unsettled in investment arbitration, comparison is drawn to the treatment of compensation for expropriation in various other legal systems. Specifically, international human rights law as applied by the European and Inter-American Courts of Human Rights and the domestic expropriation laws of the United States, Germany, and France are examined to outline general principles that can be utilized in investment arbitration.

Keywords:   expropriation, compensation, lawful expropriation, unlawful expropriation, moral damages, human rights, United States, Germany, France

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