국제투자법 (International Investment Law) 내용 정리본 (2)

소개

"국제투자법 (International Investment Law) 내용 정리본 (2)"에 대한 내용입니다.

목차

없음

본문내용

1. Expropriation
- Seizure by the host state of a foreign investor’s property directly or indirectly.
- Exp itself is considered to be a normal sovereign right of a country
- Exp is also one of the most commonly brought up standards that investors say has been violated by the host state.
- Understanding exp is important bc it plays key role in shaping expectations of investors as well as preparing host states for potential suits brought against them Lawful exp: requires compensation
Unlawful exp: Got to give beyond compensation. Require damages would be additional resulting harm – Paying for loss of profit, damages to their factory..
Need to pay a lot more rather than just market value.
Direct exp: Literally take the title away from the foreign investor and take over the property. Most common and severe type.
Indirect exp: The foreign investor has lost value in their property but it’s done through an indirect way (creeping exp). Each act by the country in one, in itself
it’s not problematic but if you look cumulatively – it starts to add up and look like indirect exp so it leaves worthless.

참고자료

· 없음