About the product
The taking of private assets by public authorities raises significant issues of international law, where such takings involve the assets of foreign private investors. This publication examines the concept of 'takings' in the context of international law and international investment agreements. It looks at the different categories of takings, addressing the difference between governmental measures that involve interference with the assets of foreign investors that do not involve compensation, and those that do require compensation. Taking of Property also discusses the requirements for a taking to be lawful, highlights the challenges that remain when considering the takings clause in international investment agreements and discusses policy options relative to defining a 'taking' when drafting the clause. Some drafting models are also illustrated.
