14 November 2018 by

Substantive Rights: The guarantee against expropriation without compensation

In our fifth instalment, Director Jackwell Feris briefly discusses the guarantee against expropriation and/or nationalisation without compensation which is one of the substantive grounds under international investment treaties for the protection of investment.

Under international investment law, expropriation of property is recognised as a sovereign right of the state, however the caveat to that is principally that any act of expropriation must follow due process of law, be non-discriminary and be companied by compensation.

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