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Max Planck Encyclopedia of Public International Law [MPEPIL]

Expropriation, Indirect

Sebastián López Escarcena

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedias of International Law [MPIL]

Module:
Max Planck Encyclopedia of Public International Law [MPEPIL]
Article last updated:
July 2023

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 October 2024

Subject(s):
Human rights — Creeping expropriation — Indirect expropriation — Regulatory expropriation (or regulatory taking) — Takings, legal and illegal (confiscatory measures) — Investment — Property — International minimum standard — Proportionality

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 As a legal term, expropriation is generally equated to the taking of property by States (Hoffmann [2008] 153; Cox [2019] 3): ie, its actual or effective deprivation, either by ousting the owner and claiming title, or by destroying the property or severely impairing its utility. In either event, a taking may come as a nationalization or an expropriation, depending on whether it is of a general type, or is property or enterprise specific (Expropriation and Nationalization). 2 Direct expropriations include, at least, the transfer of the property’s title from the...
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