The Concept of 'Indirect Expropriation', its Appearance in the International System and its Effects in the Regulatory Activity of Governments

Civlizar Ciencias Sociales y Humanas - Unievrsidad Sergio Arboleda Volumen 11 No. 21

24 Pages Posted: 11 Apr 2016  

Enrique Prieto Rios

Universidad del Rosario; Universidad del Rosario

Courtenay Barklem

University of Manchester

Date Written: July 1, 2011

Abstract

The protection of an alien’s property in a host country against direct expropriation has long existed in the international arena. Examples of direct expropriation include nationalization, physical seizure of assets or legislated transfer of assets to the state. However such physical takings are no longer common practice. Nowadays, expropriation comes mainly in the form of “indirect expropriation”: acts and steps taken by governments which interfere with the right to the property or diminish the value of the property. This paper explores the most relevant antecedents of the concept of indirect expropriation, its appearance in the international system, the inclusion in BITs and Investment Chapters of FTAs, and the effect that the concept is having on the regulatory activity of governments.

Keywords: Expropriation, indirect expropriation, Bilateral Investment Treaty, Free Trade Agreement, Foreign Investment, NAFTA

Suggested Citation

Prieto Rios, Enrique and Barklem, Courtenay, The Concept of 'Indirect Expropriation', its Appearance in the International System and its Effects in the Regulatory Activity of Governments (July 1, 2011). Civlizar Ciencias Sociales y Humanas - Unievrsidad Sergio Arboleda Volumen 11 No. 21. Available at SSRN: https://ssrn.com/abstract=2761106

Enrique Prieto Rios (Contact Author)

Universidad del Rosario ( email )

Calle 14 No. 6-25
Bogota, D.C. 110311
Colombia

Universidad del Rosario ( email )

Calle 12 No. 6-25
Bogota, DC
Colombia

Courtenay Barklem

University of Manchester ( email )

Oxford Road
Manchester, M13 9PL
United Kingdom

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