Abstract

https://ssrn.com/abstract=2766366
 


 



Defining Indirect Expropriation: The TTIP Approach and the (Elusive) Search for ‘Greater Certainty’


Federico Ortino


King's College London – The Dickson Poon School of Law

April 18, 2016

King's College London Law School Research Paper No. 2016-17

Abstract:     
The paper critically assesses the definition of indirect expropriation included in the recent EU proposal for an investment chapter within the context of the TTIP negotiation. The paper argues that, while the EU proposal is likely to have narrowed the scope of the concept of indirect expropriation, in terms of providing ‘greater clarity’, we are not there yet. Like similar attempts before it, the EU proposal refers to different legal approaches without sufficiently clarifying their content and relationship. While this lack of clarity shows the indecision among policy makers, including the EU, about where to draw the line between an indirect expropriation (that entails compensation) and a legitimate regulatory measure (that does not), it ultimately suggests that there are still doubts about the proper function of international investment law.

Number of Pages in PDF File: 18

Keywords: Investment treaties, indirect expropriation, annex on expropriation, TTIP

JEL Classification: K33, K40


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Date posted: April 20, 2016 ; Last revised: June 29, 2016

Suggested Citation

Ortino, Federico, Defining Indirect Expropriation: The TTIP Approach and the (Elusive) Search for ‘Greater Certainty’ (April 18, 2016). King's College London Law School Research Paper No. 2016-17. Available at SSRN: https://ssrn.com/abstract=2766366

Contact Information

Federico Ortino (Contact Author)
King's College London – The Dickson Poon School of Law ( email )
Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom
+44(0)2078481747 (Phone)
HOME PAGE: http://www.kcl.ac.uk/law/people/academic/fortino.aspx

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