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Expropriation in Investment Treaty Arbitration by Cox, Johanne M (9th May 2019)

Part I The Concept of Expropriation, 1 Overview

From: Expropriation in Investment Treaty Arbitration

Johanne M. Cox

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. date: 23 August 2019

Subject(s):
Expropriation — Investor — ECT (Energy Charter Treaty) — NAFTA (North American Free Trade Agreement) — Customary international law — Arbitral rules

This chapter provides an overview of expropriation and how it is applied in investment treaty arbitration. It first considers the concept of expropriation under customary international law and its relevance today as bilateral investment treaties (BITs) continue to proliferate, along with regional and multilateral agreements such as the 1981 OIC Agreement, the 1992 North America Free Trade Agreement (NAFTA), the 1994 Energy Charter Treaty (ECT), the 2006 Dominican Republic–Central America–United States Free Trade Agreement (CAFTA–DR), and the 2009 ASEAN Comprehensive Investment Agreement. The chapter also traces the historical evolution of expropriation in international law, from the UN General Assembly Resolutions of the 1960s and 1970s to the emergence of international investment treaties as an influential factor in the formation of customary international law.

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