The liability of the host State for indirect expropriation
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The concept of indirect expropriation has given rise to doctrinal controversies that continue to this day. The basis of the divergences is the elements to be taken into account in order to establish the existence or not of an alleged indirect expropriation following a regulatory exercise by the host State. The conditions under which a host State may incur international liability for indirect expropriation is the issue that is the source of disagreement both within the doctrine and before international courts, in this case arbitral tribunals. The consequences resulting from the establishment of...
The concept of indirect expropriation has given rise to doctrinal controversies that continue to this day. The basis of the divergences is the elements to be taken into account in order to establish the existence or not of an alleged indirect expropriation following a regulatory exercise by the host State. The conditions under which a host State may incur international liability for indirect expropriation is the issue that is the source of disagreement both within the doctrine and before international courts, in this case arbitral tribunals. The consequences resulting from the establishment of liability for indirect expropriation are nonetheless a complex issue, and there is a heaviness resulting from the decried attitude of arbitrators who award colossal indemnities.
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