Compensable vs. Non-compensable States´ Measures. Blurred Picture and Changing Borderlines Under Investment Law

Abstract

The paper describes the compensable and non-compensable state´s measures, with no regards under which name the property is affected, to generalize and to search for conclusions – why some measures are compensable or not. The paper consists of three parts: the first, which is the introductory one, the second, when various forms of taking which are relevant for compensable vs. non-compensable distinction are presented, and the third one, which presents possible justifications for non-compensatory measures. Among various form of taking expropriation, regulatory measures, indigenization and forced negotiations are invoked. And in the search for justification the paper mention various ones, inter alia damage inflicted or appropriation to the state. As a tentative conclusion as the most promising one justification for such differentiation, the importance of public purpose is analysed.

Keywords: Regulatory measures, compensation, expropriation, public powers, public purpose

JEL Classification: K33, F50