Bibliographic record
Abstract
Regulating indirect expropriation in international investment law is a challenging task for investment tribunals. No universally agreed definition of the concept exists and international investment treaties (IITs) provide a defective legal framework––paralleled to that of expropriation tout court––to govern the issue. This work contributes to the discourse on indirect expropriation in international investment law by elaborating upon existing literature and scholarship and by examining judicial and arbitral decisions. It suggests an alternative interpretative framework useful to the analysis and decision of international expropriatory cases. To this end, the research adopts an inductive methodology. In light of the decisions of several international fora, the study examines the concept of property (Chapter IV), the concept of taking (Chapter V), the lawfulness or unlawfulness of expropriation (Chapter VI) and the concept of public purpose (Chapter VII) which are deemed as the constitutive elements of the customary international law definition of expropriation to which the concept of indirect expropriation is paralleled in international treaty-law (and practice). The study begins with the analysis of the German and the American domestic experiences on takings in view of the influence that such constitutional and administrative systems have exerted on the development of international criteria and standards for deciding ‘international taking issues’. It is here argued that a comparative approach to indirect takings issues may shed light on current interpretative obstacles faced by arbitral tribunals, chief of which is the lack of an international consensus about the function of property at the international level. A reconceptualization of indirect expropriation as unlawful de facto expropriation is advocated as a prospect for future developments. The adjective indirect is deemed superfluous and it is claimed that non-expropriatory interferences with property rights are to be sanctioned by means of other substantive standards of protection. Such reconceptualization aims at removing trivial categories and misleading labels thus far employed to describe indirectly expropriatory measures and suggests to focus on the actual variables at stake––compensable expropriation vis-à-vis non-compensable regulation by the host State. In addition, a degree of deference to host States is also advised for, to the extent that provisions in IITs are stipulated in a more specific manner that duly defines legitimate regulatory purposes and takes into account the consequences of a State’s unlawful conducts. This would reduce adjudicators’ discretion in the exercise of their interpretative powers. This study cannot and aims not at answering the question concerning where to draw a dividing line between regulation and compensable (indirect) expropriation. This is deemed to remain a case-by-case decision of investment tribunals. Rather, by drawing from both international and national models, the proposed interpretative framework would reconcile or guide arbitral approaches to takings issues towards the development of an intelligible legal methodology.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.011 | 0.010 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.005 | 0.038 |
| Scholarly communication | 0.017 | 0.010 |
| Open science | 0.002 | 0.007 |
| Research integrity | 0.006 | 0.009 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".