Indirect expropriation definition

Indirect expropriation refers to measures with effects equivalent to those of direct expropriation. The determination of whether a measure or a series of measures constitutes indirect expropriation requires a case-by-case, fact-based inquiry that considers the following factors:
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Indirect expropriation means an action or a series of actions tantamount to direct expropriation without formal transfer of ownership of the investment or its direct seizure.
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Examples of Indirect expropriation in a sentence

  • Indirect expropriation refers to regulatory and other actions that can adversely affect a business or property owner in a way that is “tantamount to expropriation.” This issue and many cases are discussed in CRS Report RL31638, Foreign Investor Protection Under NAFTA Chapter 11, by Robert Meltz.

  • Indirect expropriation generally requires a “radical diminution in the value” of the investment.

  • Furthermore we will try to understand whether and how this case law impacts on the interaction between the stakeholders in the domestic arena.

  • Indirect expropriation can only occur when the investor is substantially deprived of the fundamental attributes of property such as the right to use, enjoy and dispose of its investment.

  • Indirect expropriation, also known as “creeping” expropriation, refers to actions that hinder the use of investment or income due to policy measures such as deprivation of discretionary permission and license by the government of the contracting party country and the imposition of a maximum limit of production, ultimately resulting in an outcome equivalent to expropriation.

  • Indirect expropriation, which can be described as the total or near-total deprivation of an investment without a formal transfer of title or outright seizure,19 may however require a different compensation standard in order to take into account its particularities, i.e. the possibility of a continued operation of the “expropriated” investment.

  • Indirect expropriation: Past arbitration rulings show that capital investments abroad may only be expro- priated directly or indirectly for the public good and in return for prompt and appropriate compensation.

  • Indirect expropriation can occur if new regulations undermine the ability of an investor to take full advantage of their investments.Fair and equitable treatment: the concept is frequently invoked in investment disputes and refers to the standard set by international law for the way states must treat the property of foreign nationals.

  • Indirect expropriation, such as confiscatory tax regimes, is sometimes employed against international companies due to widespread corruption and monopolistic attempts to stifle competition.

  • Direct expropriation involves “the physical taking or nationalization of an enterprise, which usually involves a transfer of ownership to the state.” 10 Indirect expropriation is generally understood as an action or measure taken by the state that has the effect of depriving the investor of the benefit of its investment, while not resulting in the transfer of ownership.

Related to Indirect expropriation

  • Expropriation ’ means the compulsory acquisition of property by an expropriating authority or an organ of state upon request to an expropriating authority, and ‘‘expropriate’’ has a corresponding meaning;

  • Condemnation means a temporary or permanent taking by any Governmental Authority as the result or in lieu or in anticipation of the exercise of the right of condemnation or eminent domain, of all or any part of the Property, or any interest therein or right accruing thereto, including any right of access thereto or any change of grade affecting the Property or any part thereof.

  • Eminent Domain means the taking of title to, or the temporary use of, the Project or any part thereof pursuant to eminent domain or condemnation proceedings, or by any settlement or compromise of such proceedings, or any voluntary conveyance of the Project or any part thereof during the pendency of, or as a result of a threat of, such proceedings.

  • confiscation means a penalty or a measure, ordered by a court following proceedings in relation to a criminal offence or criminal offences resulting in the final deprivation of property;

  • temporary building or structure means a Building or structure constructed or erected or placed on land for a continuous period not exceeding twelve months, or an addition or alteration to a Building or structure that has the effect of increasing the total floor area thereof for a continuous period not exceeding twelve months;

  • building or structure means a permanent enclosed structure occupying an area greater than 10 square metres, consisting of a wall, roof, and/or floor, or any of them, or a structural system serving the function thereof, which includes, but is not limited to, air-supported structures or industrial tents; a canopy however shall not be considered a building or structure for the purpose of this By-law and shall not attract development charges;

  • Casualty shall have the meaning set forth in Section 6.2 hereof.

  • Material Condemnation has the meaning set forth in Section 14.2.1.

  • Premises Building Total Destruction means if the Building of which the Premises are a part is damaged or destroyed to the extent that the cost to repair is fifty percent (50%) or more of the then Replacement Cost of the Building.

  • Harmful to minors means any picture, image, graphic image file, or other visual depiction that:

  • Untenantable means that Tenant shall be unable to occupy and shall not be occupying the Premises or the applicable portion thereof for the conduct of business ordinarily conducted in the Premises as a result of the Casualty.

  • Common Areas and Facilities means collectively the Development Common Areas and Facilities and the Residential Common Areas and Facilities and all those parts and such of the facilities of the Development designated as common areas and facilities in any Sub-Deed;

  • Condemnor means any public or quasi-public authority, or private corporation or individual, having the power of condemnation.

  • Nationalization means, in respect of a Share, that all such Shares or all the assets or substantially all the assets of the applicable Company are nationalized, expropriated or are otherwise required to be transferred to any governmental agency, authority or entity.

  • Accessory building or structure means any portable, demountable or permanent structure,

  • Casualty Loss has the meaning set forth in Section 5.06.

  • Area of shallow flooding means a designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate; and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

  • Severe property damage means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

  • Tenant Delays means delays caused by: (i) requirements of the Plans and Specifications requested by Tenant that do not conform to Landlord’s building standards for office and lab build-out, or which contain long lead-time or non-standard items requested by Tenant; provided that Landlord has notified Tenant of such deviations upon execution of this Lease (ii) any material change in the Plans and Specifications requested by Tenant and agreed to by Landlord; (iii) any request by Tenant for a delay in the commencement or completion of the Initial Tenant Improvements for any reason; (iv) Tenant delay in finalizing and approving the design of the vivarium and value engineering of same or (v) any other act or omission of Tenant or its employees, agents or contractors which reasonably inhibits the Landlord from timely completing the Initial Tenant Improvements including, without limitation any delays caused by Tenant’s presence in the Premises prior to the Term Commencement Date. The Premises shall not be deemed to be incomplete if only minor or insubstantial details of construction, decoration or mechanical adjustments remain to be done which do not unreasonably interfere with Tenant’s occupancy of the Premises. If as a result of Tenant Delays the Premises are deemed ready for Tenant’s occupancy, pursuant to the foregoing (and the term shall have commenced by reason thereof), but the Premises are not in fact actually ready for Tenant’s occupancy, Tenant shall not (except with Landlord’s consent not to be unreasonably withheld, conditioned or delayed) be entitled to take possession of the Premises for the permitted use until the Premises are in fact actually ready for such occupancy.

  • Premises Total Destruction means damage or destruction to the Premises, other than Lessee Owned Alterations and Utility Installations and Trade Fixtures, which cannot reasonably be repaired in six (6) months or less from the date of the damage or destruction. Lessor shall notify Lessee in writing within thirty (30) days from the date of the damage or destruction as to whether or not the damage is Partial or Total.

  • Rentable Area of the Premises The amount of square footage set forth in Section 1.01(10).

  • Premises Building Partial Damage shall herein mean damage or destruction to the building of which the Premises are a part to the extent that the cost of repair is less than 50% of the then replacement cost of such building as a whole.

  • Tenant Party means any of the following persons: Tenant; any assignees claiming by, through, or under Tenant; any subtenants claiming by, through, or under Tenant; and any of their respective agents, contractors, employees, licensees, guests and invitees.

  • Event of Eminent Domain with respect to any Property, (a) any compulsory transfer or taking by condemnation, seizure, eminent domain or exercise of a similar power, or transfer under threat of such compulsory transfer or taking or confiscation of such Property or the requisition of the use of such Property, by any agency, department, authority, commission, board, instrumentality or political subdivision of any state, the United States or another Governmental Authority having jurisdiction or (b) any settlement in lieu of clause (a) above.

  • Building Area means the greatest horizontal area of a building within the outside surface of the exterior walls.

  • Homelessness or "homeless" means a condition where an