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The phenomenon of indirect expropriation earned notoriety in the international context with the BIT-like provisions of the North American Free Trade Agreement (NAFTA) of 1993.Foreign investors began to rely on these provisions to file high-profile lawsuits against the governments on grounds of indirect expropriation.NAFTA, which is not a BIT as such but contains an investment protection chapter written in a similar way as a BIT, marked an important stage for the protection of foreign investments.Under this treaty foreign investors were able to impinge on governments' ability to regulate and also because it brought to the attention of the public the side effects of the protection to foreign investors against expropriation.

Clauses protecting investors against expropriation have evolved to encompass indirect expropriation.Aujourd'hui, la pratique de l'expropriation directe plus commune, l'expropriation se présente sous la forme d '«expropriation indirecte»: les mesures prises par les gouvernements qui interfèrent avec le droit de propriété ou de la valeur de celui-ci.Ce document explore l'arrière-plan le plus pertinent du concept d'expropriation indirecte, son apparition dans le système international, son inclusion sur la protection bilatérale et la promotion de l'investissement étranger et les accords de libre-échange, et les effets qu'elle a eu l'idée de l'activité de réglementation du gouvernement.Examples of direct expropriation include nationalization, physical seizure of assets by the state and forced or legislated transfer of assets to the state.Nowadays, expropriation comes mainly in the form of "indirect expropriation": the measures taken by governments which interfere with the right to the property or diminish the value of the property.The paper does an overview about the concept of indirect expropriation, Next it reviews the key predecessors that influenced the development of today's concept of "indirect expropriation".We then move on to review the inclusion of the concept in chapter 11 of NAFTA.Legal scholars as well as several international arbitrators have pointed out that the clauses contained in BITs or the foreign investment chapters of FTAs are too wide and vague which leaves the interpretation of the scope of protection to the discretion of arbitrators.The concept of indirect expropriation has given rise to new concerns about its scope of application and the uncertainty about what exactly constitutes an indirect expropriation.Mots-clés : Expropriation, Expropriation indirecte, BIT, ALE, Investissement étranger, ALENA.A proteção da propriedade contra expropriação direta existiu na arena internacional, incluindo exemplos de nacionalização expropriação direta, a propriedade física dos bens e transferência forçada de bens.


  1. Charles Cottier, Actor Home and Away. Charles Cottier was born in Brisbane, Australia on 27 October, 1992. He has always wanted to be on screen and loved.

  2. Was this Celebs Go Dating's most. Home and Away's Charles Cottier to star in comedy. Former Home and Away actor Charles Cottier will star in the.

  3. The latest Tweets from Charles Cottier Fans @team_dex. Fan Page for @charlescottier who played Dexter Walker on Home & Away between 2010-2013. UK

  4. Leslie's ancestors include French Huguenot Ambrose Lisle March Phillipps De Lisle, politician Charles March-Phillipps and MP James Grimston, 3rd Earl of

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