Compensable vs. Non-compensable States' Measures: Blurred Picture under Investment Law
Compensable vs. Non-compensable States' Measures:
Blurred Picture under Investment Law
Maciej Zenkiewicz
 
ABSTRACT: The paper discusses the compensable and non-compensable State’s measures, with no regard to whose name under which the property is affected, to generalise and to search for conclusions – why some measures are compensable, and others are not. The paper consists of three parts: first, the introduction; then, when various forms of taking which are relevant for compensable vs. non-compensable distinction are presented, and finally, possible justifications for noncompensatory measures. Among various forms of expropriation, regulatory measures, indigenisation and forced negotiations are analyzed. In the search for justification the paper refers to, inter alia, damage inflicted or appropriation to the State. As the most promising justification for such differentiation, the importance of public purpose is presented and examined.

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