Ortino, Federico

The paper assesses the definition of indirect expropriation included in the recent EU proposal within the context of the TTIP negotiation. The paper argues that, while the EU proposal is likely to have narrowed the scope of the concept of indirect expropriation, in terms of providing ‘greater clarity’, we are not there yet. Like similar attempts before it, the EU proposal refers to a variety of different legal approaches without sufficiently clarifying their content and relationship. While this lack of clarity emphasizes the indecision among policy makers, including the EU, about where to draw the line between an indirect expropriation and a legitimate regulatory measure, it ultimately suggests that there are still doubts about the proper function of international investment law

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Defining Indirect Expropriation: The TTIP Approach and the (Elusive) Search for ‘Greater Certainty’

https://kclpure.kcl.ac.uk/portal/files/55508634/Edited_by_Major_Ortino_REV_06_07_16.pdf

Defining Indirect Expropriation: The TTIP Approach and the (Elusive) Search for ‘Greater Certainty’

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