Article
Source: Global Arbitration Review
Article
01.25.22
For centuries, the right to compensation for the taking of private property has been one enshrined in most extant modern legal orders, most often at the constitutional level. And, as discussed below, international law has protected foreign investors’ right to compensation long before the International Centre for Settlement of Investment Disputes (ICSID) era.
It is therefore natural that an investor’s right to be compensated for an expropriation is often enshrined in bilateral and multilateral investment treaties as well as trade agreements.
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