The relationship between indirect expropriations and non-compensatory regulatory measures

Date
2022-09
Advisor
Tiryakioğlu, Bilgin
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Bilkent University
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Language
English
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Thesis
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Abstract

This thesis seeks to explore the relationship between indirect expropriations and regulatory measures. Expropriations mostly occur in the form of indirect expropriations, where a state’s regulatory measures cause the investor to lose any benefit it has in its investment. However, it is difficult to distinguish indirect expropriations from regulatory measures that do not require compensation. How this difficult balance is maintained will be explored in this thesis. This thesis first focuses on the key notions of expropriation and regulatory measure. It then explores the different ways the relationship between expropriations and regulatory measures is approached before elaborating on the criteria that are used to distinguish indirect expropriations from non-compensable regulatory measures. Finally, this thesis addresses indirect expropriations with environmental concerns.

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Keywords
Indirect expropriation, Regulatory measure, Police powers, Sole effect, Moderate police powers, Proportionality, Public purpose, Economic effect
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Published Version (Please cite this version)