VALUE OF PROPERTY (INVESTMENTS) AS A MEASURE OF COMPENSATION IN INTERNATIONAL ECONOMIC LA
Journal Title: Порівняльно-аналітичне право - Year 2016, Vol 6, Issue
Abstract
The article is dedicated to category “value of property” as measure of compensation in international public law. It shows that, over time there has been some movement from the more flexible standard of “appropriate” compensation, which implied the possibility of partial compensation that would take into account equitable considerations, to a more rigid standard of “adequate” or “full” compensation assessed on the basis of (and at the same time limited to) the fair market value of the expropriated or damaged property. Attention is focused on the fact that, in the light of all relevant sources, customary international law requires compensation equivalent to the fair market value of expropriated investments (damaged property). As indicated, the lack of fully regulated norms of international customary law in this matter is a lesser problem in connection with the resolution of the majority of disputes based on the provisions of investment treaties. An international court faced with an expropriation claim brought under an investment treaty has a task of interpreting the relevant treaty provision and applying it to the facts before it. In light of specific circumstances of the case compensation should not lead to result destroying the fair balance of public and private interests.
Authors and Affiliations
Т. В. Шаповал
Keywords
Related Articles
- EP ID EP501000
- DOI -
- Views 108
- Downloads 0
FEATURES OF THE RESPONSIBILITY OF PUBLIC OFFICIALS FOR THE DEVELOPMENT OF ADMINISTRATIVE CORRUPTION LEGAL EXECUTION
The article is devoted to the consideration of the issue of the peculiarities of bringing civil servants to administrative liability for the commission of corruption offenses. Considered and analyzed the views of scienti...
ACTUAL PROBLEMS OF CRIMINAL AND LEGAL QUA LIFICATION THE CRIMES AGA INST MORA LITY
The most аctual problems of criminal and legal qualification of crimes against morality are analyzed. The correlation of crimes against morality are reviewed. The proposals for improving the Ukrainian legislation about c...
CONTENT AND REALIZATION OF THE SOCIAL FUNCTION OF THE STATE
The article analyzes the content of the concept of the social function of the state, outlines the position of researchers on the interpretation of this legal phenomenon. The connection of the social state with the realiz...
APPLICATION OF THE AEROPHOTOGRAPHY IN THE REVIEW OF THE PLACE OF THE EVENT AFTER CONSIDERATION OF VIOLATIONS OF THE SAFETY RULES WHEN PERFORMANCE OF WORKS WITH INCREASED DAMAGES
The article describes the features of using aerial photography during the inspection of the location of the event in violation of safety rules during work with increased danger. The emphasis is placed on the urgent need...
LOCAL BUDGETS IN THE CONTEXT OF THE ADMINISTRATIVE-TERRITORIAL REFORM IN UKRAINE
The article deals with the essence and the main features of local budgets in the conditions of reforming. We analyze the existing scientific approaches to the issue of fiscal decentralization and the role of local commun...