CEU Electronic Theses and Dissertations, 2015
Author | Kokichaishvili, Ekaterine |
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Title | STANDARDS OF FOREIGN INVESTMENT PROTECTION FROM INDIRECT EXPROPRIATION: BALANCING THE STATE'S POWER TO REGULATE AND INVESTORS' PROPERTY RIGHTS |
Summary | Indirect expropriation or regulatory taking is one of the most controversial issues of national law. Ambiguity is increasing if we talk about protection of foreign investments from indirect expropriation as international and national regulations apply simultaneously in this situation. This thesis will analyze how foreign investors are protected from indirect expropriation in different legal systems: the United States, the Federal Republic of Germany, the ECtHR and international law and will demonstrate that only minimum standards of protection are guaranteed under international law and national regulations should apply. In addition, the thesis will identify main criteria for drawing demarcation line between indirect expropriation and state’s power to regulate. |
Supervisor | Alexander Blankenagel |
Department | Legal Studies LLM |
Full text | https://www.etd.ceu.edu/2015/kokichaishvili_ekaterine.pdf |
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