1945

Categories of expropriation, requisite elements and conditions of lawfulness

Through IIAs, States have established a guarantee for foreign investors against the expropriation of their investments without compensation. Today virtually all bilateral investment treaties (BITs) contain an expropriation provision. Customary international law also contains rules on the expropriation of foreignowned property and continues to supplement IIAs on those issues where the latter leave gaps or require interpretation.

Related Subject(s): United Nations
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