Showing papers in "Golden Gate University Law Review in 1999"

International Investment, Expropriation and Environmental Protection

Abstract: International law has long protected foreign property from expropriation—confiscation by the host-country government—by giving the owner of the property a right to compensation for the value of the lost property. In recent decades, foreign property owners have made claims for compensation based on governmental regulations, such as placing restrictions on the legal use of property, that do not actually remove the owner’s title to the property, but nevertheless substantially affect its value. As this doctrine of “indirect expropriation” has developed, international tribunals and legal scholars have cautioned that the obligation to compensate does not extend to regulations imposed pursuant to the exer-