THE RESPECT OF PROPERTY AND FOREIGN INVESTMENT | ||
| مطالعات حقوق خصوصی | ||
| Article 17, Volume 41, Issue 1, April 2012, Pages 295-312 PDF (283.09 K) | ||
| Author | ||
| Nasser Alidoosti Shahraki | ||
| Abstract | ||
| The respect of property has recognized by the grate legal systems. Despite of the recognition of this rule, there are some exceptions. Expropriation, Nationalization, Confiscation and Requisition are exceptions of the respect which cause the disputes in foreign investment. However national and international authorities, have different argumentations in ether violations of the respect to determine the foreign investor damages. The conflict of interest between foreign investor and host state in consideration of the respect of property, encounters protection of foreign investment and protection of national interests. While a dispute came in, by analyzing of the rule and its exceptions we can chose the best settlement way. This research wants to analyze the respect of property, its exceptions and the precedent in foreign investment disputes. | ||
| Keywords | ||
| Confiscation; Damages.; Expropriation; Foreign Investment; Nationalization; Requisition; The respect of property rule | ||
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