By Suzy H. Nikiema, March 2012
This paper investigates indirect expropriation in international investment law. Indirect expropriation is when the State acts in a way that is detrimental to foreign private ...
... assets or property, or indirect, such as depriving an investor of the value of its investment through regulatory action or other governmental measures. Investment treaties typically guarantee that a state ...
... and the United States) puts new limitations on investor claims. For example, claims cannot be made for indirect expropriation, which is used by companies to get “compensated” for profits it expected to ...
... has a lot to gain “The mining industry is Canada’s flagship industry overseas,” said Catherine Coumans, a research coordinator with MiningWatch Canada.
In 2017, the minerals sector directly and indirectly ...
...
Indirect Expropriationwas invoked in over half of the cases. This is especially egregious since it relates to so-called expropriation of anticipated future lost profits, rather than the physical seizure ...
... Indirect Perpetration) is particularly worrying. Such wilful misinterpretation of the law seeks to equate social organisations with criminal groups and their spokespeople with instigators of crime. As ...
... they honed in on Walter Aduviri as the only guilty party, and now convicted him on the basis of a new interpretation of his role/participation: that of indirect perpetration.
To get a sense of the seriousness ...
... politicians cannot avoid the issue.”
Another result was indirect pressure on the ICSID tribunal itself. Given the profile of the case and the coverage it was receiving, it is not surprising that one of ...
... pollution and theft of natural resources.
"The struggle of Berta and the people of Honduras was hopeful, but she was killed cruelly and we know that the US is indirectly involved, as they have been intensifying ...
... observed and documented to have adverse effects on natural and social environment directly or indirectly related to mining”:
(a) the fall of humans and animals,
(b) the presence of sources of ...
... for “indirect expropriation” of anticipated profits. Even if Pacific Rim loses the case in ICSID, a court that generally favours corporations, the El Salvadorian public will still end up paying the multi-million ...
... mining. To the families of Ramiro and Dora, the mining company is directly or indirectly responsible, and the departed live on: “They are our consciences,” says Guevara.
Other motives for the murders ...
... law that significantly reduces the value of a foreign company’s investment, that company can sue the government for “indirect expropriation.” If a government implements more stringent environmental protections, ...
... Treatment" and "indirect expropriation" which require the state to give foreign firms the same benefits given to Salvadoran firms and defines any governmental action or inaction that harms potential investment ...
... “indirect expropriation” in the context of Chapter 10 of CAFTA. On April 30th of 2009, Pacific Rim took its case to the International Center for the Settlement of Investment disputes (ICSID) of the World ...
... American Free Trade Agreement (CAFTA), especially the “indirect expropriation” mechanism, which refers to an action or omission by a government that affects investment.
The Absence of a Law that Bans ...