AN ANALYSIS OF CURRENT VIEWS ON THE EVOLUTION OF DETERMINATION OF INDIRECT EXPROPRIATION: A CASE STUDY OF THE ENERGY SECTOR INVESTMENTS

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MEYHAMY MEHDI; BAGHERI MAHMOUD

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Journal: Energy Law Studies Year:2018 | Volume:3 | Issue:2 Page(s): 405-433

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Title

AN ANALYSIS OF CURRENT VIEWS ON THE EVOLUTION OF DETERMINATION OF INDIRECT EXPROPRIATION: A CASE STUDY OF THE ENERGY SECTOR INVESTMENTS

Author(s)

MEYHAMY MEHDI | BAGHERI MAHMOUD | Issue Writer Certificate

Keywords

INDIRECT EXPROPRIATIONQ1

INVESTORQ1

PROPORTIONALITYQ1

LEGITIMATE EXPECTATIONSQ1

HOST STATEQ2

LEGISLATIONQ2

Abstract

Standard of INVESTOR protection has been placed at the center of debate for many years. Although a case-by-case method for establishing INDIRECT EXPROPRIATION is a practical method and is almost, despite of the divergent views, the prevailing methods in arbitral practice. However, it has been debated whether an attempt to set out a clear, consistent and suitable method must be adopted by arbitral tribunals. This article explores the complexities and ambiguities of the current standards to establish INDIRECT EXPROPRIATION, and justify the necessity for general basis or transparent and unit criteria which is the preliminary requirements for INDIRECT EXPROPRIATION, isexplained, Finally, inductions from scholars’ views confirm that for establishing the occurrence of INDIRECT EXPROPRIATION, firstly, State’s actions substantially deprive a foreign INVESTOR of the investment profitability and at least one of the fundamental components of the property rights must be destroyed. Secondly, the State’s actions which lead to loss of profitability investment was not reasonably predictable to the INVESTOR.

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APA: Copy

MEYHAMY, MEHDI, & BAGHERI, MAHMOUD. (2018). AN ANALYSIS OF CURRENT VIEWS ON THE EVOLUTION OF DETERMINATION OF INDIRECT EXPROPRIATION: A CASE STUDY OF THE ENERGY SECTOR INVESTMENTS. JOURNAL OF RESEARCHES ENERGY LAW STUDIES, 3(2 ), 405-433. SID. https://sid.ir/paper/264271/en

Vancouver: Copy

MEYHAMY MEHDI, BAGHERI MAHMOUD. AN ANALYSIS OF CURRENT VIEWS ON THE EVOLUTION OF DETERMINATION OF INDIRECT EXPROPRIATION: A CASE STUDY OF THE ENERGY SECTOR INVESTMENTS. JOURNAL OF RESEARCHES ENERGY LAW STUDIES[Internet]. 2018;3(2 ):405-433. Available from: https://sid.ir/paper/264271/en

IEEE: Copy

MEHDI MEYHAMY, and MAHMOUD BAGHERI, “AN ANALYSIS OF CURRENT VIEWS ON THE EVOLUTION OF DETERMINATION OF INDIRECT EXPROPRIATION: A CASE STUDY OF THE ENERGY SECTOR INVESTMENTS,” JOURNAL OF RESEARCHES ENERGY LAW STUDIES, vol. 3, no. 2 , pp. 405–433, 2018, [Online]. Available: https://sid.ir/paper/264271/en

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