Lack of Definition of Compensation in International Investment Disputes for Non-Expropriation Claims: Is There an Appropriate Mechanism to Determine it?
The principle of full compensation restates the right of the investor to be repaired in the losses he has suffered as a consequence of a wrongful act by the State. The guarantee of this principle is in the core of international investment law and should be in the investment dispute resolution. However, its application has been subject to different criteria and arbitrators have not used common parameters. Instead, each case has shown the tribunals’ creativity regarding the methodology of compensation to apply.The structure followed is as follows: Firstly, the principle of full compensation applicable to international state responsibility and the key aspects of State liability in three main legal systems. Secondly, the analysis of some releva... Ver más
1692-3960
10
2011-12-16
75
122
http://purl.org/coar/access_right/c_abf2
info:eu-repo/semantics/openAccess
