Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-2lccl Total loading time: 0 Render date: 2024-04-25T20:54:43.021Z Has data issue: false hasContentIssue false

7 - Expropriation

from Part III - Investment Protection Standards during Armed Conflict

Published online by Cambridge University Press:  11 August 2022

Tobias Ackermann
Affiliation:
Ruhr-Universität, Bochum, Germany
Get access

Summary

Chapter 7 takes the analysis beyond the conduct of hostilities and issues related to physical damage to foreign investments. It addresses the rules on expropriation universally included in investment treaties and analyses them against the backdrop of armed conflict. The chapter shows that the protection from expropriation in times of armed conflict principally follows the same general parameters as in times of peace: investment treaties offer protection from abusive property seizures often observed during armed conflict as well as unreasonable or discriminatory restrictions on the use of property and businesses. When it comes to indirect expropriation, the chapter suggests to follow a mitigated version of the so-called police powers doctrine. While the debate on the delineation between expropriatory measures and non-compensable regulations is not new, the context of armed conflict provides new insights based on domestic and international case law on war-time property restrictions. Armed conflict and the interests involved, the chapter argues, broaden the scope of police powers and increase the state’s leeway in restricting the free enjoyment of property.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Expropriation
  • Tobias Ackermann, Ruhr-Universität, Bochum, Germany
  • Book: The Effects of Armed Conflict on Investment Treaties
  • Online publication: 11 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009207805.008
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Expropriation
  • Tobias Ackermann, Ruhr-Universität, Bochum, Germany
  • Book: The Effects of Armed Conflict on Investment Treaties
  • Online publication: 11 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009207805.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Expropriation
  • Tobias Ackermann, Ruhr-Universität, Bochum, Germany
  • Book: The Effects of Armed Conflict on Investment Treaties
  • Online publication: 11 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009207805.008
Available formats
×