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Compensation for Indirect Expropriation in International Investment Agreements: Implications of National Treatment and Rights to Invest

Aisbett, Emma; Karp, Larry; McAusland, Carol


International investment agreements allow investors to bring compensation claims when their investments are hurt by new regulations. This requirement that host governments compensate for indirect expropriation helps solve post-investment moral hazard problems such as hold-ups, thereby helping to prevent inefficient over-regulation and encouraging foreign investment. However, when the social or environmental harm of a project is uncertain pre-investment, compensation requirements can...[Show more]

CollectionsANU Research Publications
Date published: 2010
Type: Journal article
Source: Journal of Globalization and Development
DOI: 10.2202/1948-1837.1133


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