Show simple item record

Protecting foreign investments against expropriation: a comparative study of Japan's EPAs

dc.contributor.authorPapanastasiou, Thomas-Nektarios
dc.description.abstractExpropriation is the most traditional type of political risk. However, there is no consistency in the protection against expropriation according to international jurisprudence. This paper analyses what constitutes expropriation and the conditions of non-compensable takings, as well as examining what international tribunals require in order to accept a claim of expropriation. Moreover, the paper highlights the evolved role of the FET standard in successfully supporting claims that under expropriation, clauses are likely to be rejected. As case study, this paper analyses recent EPAs (2006-2009) entered into force between Japan and five ASEAN member-countries. It develops quantitative measures (a score card) to provide several snapshots of key legal elements for the protection of foreign investments in the power sector in each of the countries. In comparing the five EPAs, it is found that the power sector is reserved to a different extent with regards to expropriation and FET standards.en_UK
dc.publisherInderscience Publishersen_UK
dc.relation.ispartofseriesInternational Journal of Public Law and Policy;Vol. 1 No. 2
dc.rights© Interscience Enetrprices Ltd.en_UK
dc.subjectInternational lawen_UK
dc.subjectInternational investmentsen_UK
dc.subjectInvestment lawsen_UK
dc.subjectFET standardsen_UK
dc.titleProtecting foreign investments against expropriation: a comparative study of Japan's EPAsen_UK

Files in this item


This item appears in the following Collection(s)

Show simple item record

© Interscience Enetrprices Ltd.
Except where otherwise noted, this item's license is described as © Interscience Enetrprices Ltd.