Skip to main content
Top

2016 | OriginalPaper | Chapter

7. Determination of Indirect Expropriation and Doctrine of Police Power in International Investment Law

A Critical Appraisal

Authors : Prabhash Ranjan, Pushkar Anand

Published in: Judging the State in International Trade and Investment Law

Publisher: Springer Singapore

Activate our intelligent search to find suitable subject content or patents.

search-config
loading …

Abstract

The chapter aims at examining the role of the doctrine of police powers in judging a claim of indirect expropriation against a host State. It seeks to answer if the ITA tribunals, while judging if a host State’s regulatory measures amount to indirect expropriation or not, have been able to develop and apply the police power doctrine in a uniform manner? The significance of the inquiry lies in understanding suitability of this doctrine as a benchmark to judge a host State’s regulatory measures. The methodology adopted includes the study of ITA cases where this doctrine has been invoked, followed by studying cases where the doctrine of police power was referred by the parties or used for disputes, related to indirect expropriation, by ITA tribunals and to see whether the approach of different arbitral tribunals was similar or different. The study concludes by observing that the actual scope and application of the police power doctrine remains unclear in ITA and thus its use as a benchmark to judge host State’s regulatory action is questionable.

Dont have a licence yet? Then find out more about our products and how to get one now:

Springer Professional "Business + Economics & Engineering + Technology"

Online-Abonnement

Springer Professional "Business + Economics & Engineering + Technology" gives you access to:

  • more than 102.000 books
  • more than 537 journals

from the following subject areas:

  • Automotive
  • Construction + Real Estate
  • Business IT + Informatics
  • Electrical Engineering + Electronics
  • Energy + Sustainability
  • Finance + Banking
  • Management + Leadership
  • Marketing + Sales
  • Mechanical Engineering + Materials
  • Insurance + Risk


Secure your knowledge advantage now!

Springer Professional "Business + Economics"

Online-Abonnement

Springer Professional "Business + Economics" gives you access to:

  • more than 67.000 books
  • more than 340 journals

from the following specialised fileds:

  • Construction + Real Estate
  • Business IT + Informatics
  • Finance + Banking
  • Management + Leadership
  • Marketing + Sales
  • Insurance + Risk



Secure your knowledge advantage now!

Footnotes
This content is only visible if you are logged in and have the appropriate permissions.
Metadata
Title
Determination of Indirect Expropriation and Doctrine of Police Power in International Investment Law
Authors
Prabhash Ranjan
Pushkar Anand
Copyright Year
2016
Publisher
Springer Singapore
DOI
https://doi.org/10.1007/978-981-10-2360-6_7

Premium Partner