Russia Final Awards note that Article 13 of the ECT could be violated through a bona fide taxation measure that was aimed at raising State revenue whose effect was expropriatory
. Veteran Petroleum Ltd.
According to the text of Article 1110(1), expropriatory
measures which do not conform to 1110(1)(a), (b), (c), and (d) are flatly unpermitted and should be removed.
In 2000, an ICSID tribunal explained that, "[e]xpropriatory environmental measures--no matter how laudable and beneficial to society as a whole--are, in this respect, similar to any other expropriatory
measures that a state may take in order to implement its policies: where property is expropriated ...
For Agostinho Campos, foreign commentary on Portuguese colonial performance merely masked ulterior, expansionist and expropriatory
designs harbored by other European powers.
According to this official, the Act would "put an end to the excessive amount of money previously paid to obtain land by intending developers."(25) Additionally, the Supreme Court of Nigeria has repeatedly affirmed the expropriatory
nature of the Act.(26)
Some historians view this form of taxation as expropriatory
(e.g., Given [1990, 114, 248]), but they have a hard time explaining why kings had to ask.
The burden of the debt is left to future governments, which may be of the type supported by different groups, such as the "workers." At the same time, the possibility of a change in regime in favor of the workers' party interests implies a risk of expropriatory
taxes on capital: this political risk leads to capital flight.
was the change in law held to be expropriatory
in effect, but Ecuador
18, 2015) ("[A]s a matter of general international law, a non-discriminatory regulation for a public purpose, which is enacted in accordance with due process and, which affects, inter alios, a foreign investor or investment is not deemed to be expropriatory
(169.) For a short discussion of expropriatory
taxation, see Amo E.
announced on its website that it formally commenced an international arbitration action against the Government of Kyrgyzstan "for its expropriatory
and unlawful treatment of the Company in relation to the Kutessay II rare earth project." "Since 2012, the Kyrgyz Government has taken a series of measures making it impossible to carry out activities at Kutessay II.
decree made in these circumstances and for this purpose is
4, [paragraph] 7 ("But as a matter of general international law, a non-discriminatory regulation for a public purpose, which is enacted in accordance with due process and, which affects, inter alios, a foreign investor or investment is not deemed expropriatory
and compensable unless specific commitments had been given by the regulating government to the then putative foreign investor contemplating investment that the government would refrain from such regulation.").