Compensation for Expropriation of Foreign Investments from the Perspective of Economic Analysis of Law

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Bahmaei Mohammadali; Faraj Mehrabi Hassan

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Journal Paper

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2021 | Volume:51 | Issue:3 Page(s): 865-884

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Information Journal Paper

Title

Compensation for Expropriation of Foreign Investments from the Perspective of Economic Analysis of Law

Author(s)

Bahmaei Mohammadali | Faraj Mehrabi Hassan | Issue Writer Certificate

Keywords

Compensation

Externalities

Economic Analysis of Law

Expropriation

Chorzó

w Factory Standard

Hull Formula

Abstract

This article discusses how the standard of Compensation for Expropriation of foreign investments employed by international investment tribunals can affect State parties’,preferences reflected in international investment agreements as well as the efficiency of these standards in light of an Economic Analysis of Law. It is suggested that State parties to these agreements often pursue their own economic development as well as protecting their nationals who invest in the territory of the other contracting State. In so doing, the State parties try to diminish the Externalities associated with their measures and decisions on foreign investors on the one hand, and to reduce the risk of investment in their territory for foreign investors, on the other. By comparing the standard of full reparation established in customary international law to the standard of prompt, adequate, and effective Compensation due immediately before the Expropriation, usually agreed upon in investment agreements, this article concludes that the former standard-i. e. the standard of full reparation-is not entirely compatible with the preferences of State parties to international investment agreements and, thus, cannot always be considered as an efficient standard.

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APA: Copy

Bahmaei, Mohammadali, & Faraj Mehrabi, Hassan. (2021). Compensation for Expropriation of Foreign Investments from the Perspective of Economic Analysis of Law. PUBLIC LAW STUDIES QUARTERLY, 51(3 ), 865-884. SID. https://sid.ir/paper/1052217/en

Vancouver: Copy

Bahmaei Mohammadali, Faraj Mehrabi Hassan. Compensation for Expropriation of Foreign Investments from the Perspective of Economic Analysis of Law. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2021;51(3 ):865-884. Available from: https://sid.ir/paper/1052217/en

IEEE: Copy

Mohammadali Bahmaei, and Hassan Faraj Mehrabi, “Compensation for Expropriation of Foreign Investments from the Perspective of Economic Analysis of Law,” PUBLIC LAW STUDIES QUARTERLY, vol. 51, no. 3 , pp. 865–884, 2021, [Online]. Available: https://sid.ir/paper/1052217/en

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