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Doctoral thesis
OA Policy
English

Compensation for Regulatory Expropriation in International Investment Law

Contributors

Khachvani, David

Directors

Kaufmann-Kohler, Gabrielle

Defense date

2021-06-02

Abstract

The States, international organizations and interest groups are increasingly concerned with treaty claims of foreign investors, who sometimes seek compensation for the States' legitimate regulatory measures, such as tobacco plain packaging, nuclear energy phase out and environmental regulations. International investment law has yet to develop a comprehensive and predictable framework addressing some of the basis questions related to compensability of legitimate regulatory measures. The thesis carries out a comparative legal analysis to identify the key features of the prohibition of uncompensated expropriation as a general principle of law, and explores the rationale of that principle in political philosophy. Equipped with the results of this analysis, it proceeds to propose an analytical approach addressing practical questions related to the compensatory protection of foreign investments.

Keywords

  • Expropriation
  • Compensation
  • Regulatory Powers
  • Police Powers
  • Climate Change
  • Investment

UNIGE affiliation entities

Citation (ISO format)

KHACHVANI, David. Compensation for Regulatory Expropriation in International Investment Law. Doctoral Thesis, 2021. doi: 10.13097/archive-ouverte/unige:154019

Main files (1)

Thesis

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Technical informations

Creation

12/07/2021 22:32:00

First validation

12/07/2021 22:32:00

Update

04/04/2025 13:24:48

Status update

07/03/2024 08:24:42

Last indexation

13/05/2025 18:43:47
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