Jump to ContentJump to Main Navigation
Practising VirtueInside International Arbitration$
Users without a subscription are not able to see the full content.

David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 15 June 2019

Compensation Due in the Event of an Unlawful Expropriation

Compensation Due in the Event of an Unlawful Expropriation

The ‘Simple Scheme’ Presented by Chorzów Factory and Its Relevance to Investment Treaty Disputes

Chapter:
(p.626) 38 Compensation Due in the Event of an Unlawful Expropriation
Source:
Practising Virtue
Author(s):

Abby Cohen Smutny

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198739807.003.0039

This chapter tackles the complex subject of compensation for unlawful takings under customary international law and international investment treaties. It presents a close examination of the famous Chorzów Factory case and concludes that the methodology of determining the compensation due, including the date at which the taken property must be valued, depends on the specific undertakings of the expropriating state, the nature of the state’s wrongful behaviour, and the available evidence of loss suffered. The analysis serves to dispel any lingering confusion over lawful versus unlawful expropriations and the remedies associated therewith.

Keywords:   compensation, international investment treaties, international law, unlawful takings

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .