Determination of Indirect Expropriation and Doctrine of Police Power in International Investment Law: A Critical Appraisal

Leila Choukroune (Ed) Judging the State in International Trade and Investment Law, 2016

23 Pages Posted: 8 Feb 2016 Last revised: 16 Dec 2017

See all articles by Prabhash Ranjan

Prabhash Ranjan

South Asian University

Pushkar Anand

Faculty of Law, University of Delhi

Date Written: January 20, 2016

Abstract

This paper inquires whether the ITA tribunals, while judging whether a host State’s regulatory measures amount to indirect expropriation or not, have been able to develop and apply the police power doctrine in a uniform manner? This inquiry is important to understand whether this doctrine could serve as a benchmark to judge a host State’s regulatory measures. The methodology adopted to do this is first to identify ITA cases, which talk about this doctrine, followed by studying cases where the doctrine of police power was referred by the parties or used for disputes, related to indirect expropriation, by ITA tribunals and to see whether the approach of different arbitral tribunals was similar or different.

Keywords: BIT, Investment Treaty Arbitration, Investment, Police Power, Expropriation

JEL Classification: F20, F21

Suggested Citation

Ranjan, Prabhash and Anand, Pushkar, Determination of Indirect Expropriation and Doctrine of Police Power in International Investment Law: A Critical Appraisal (January 20, 2016). Leila Choukroune (Ed) Judging the State in International Trade and Investment Law, 2016. Available at SSRN: https://ssrn.com/abstract=2728839 or http://dx.doi.org/10.2139/ssrn.2728839

Prabhash Ranjan (Contact Author)

South Asian University ( email )

Akbar Bhawan
Chankyapuri
Delhi, WA
India

Pushkar Anand

Faculty of Law, University of Delhi ( email )

Faculty of Law
University of Delhi
New Delhi, Delhi 110007
India
+91-8130043022 (Phone)

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