IDEAS home Printed from https://ideas.repec.org/a/mul/jl9ury/doi10.1425-80770y2015i2p309-340.html
   My bibliography  Save this article

The right to an unchanging world. Indirect expropriation in international investment agreements and «publicness» in law

Author

Listed:
  • Ivan Pupolizio

Abstract

This paper examines indirect expropriation in international investment agreements, and compares current foreign investments protection with property protection in XIX century USA, when the US Supreme Court adhered to an abstract and «de-physicalized» conception of property, later contested by legal realists. Its central claim is that the indeterminacy of indirect expropriation, together with the shortcomings of investor state arbitration, poses a new and underestimated challenge to state sovereignty, and that the developing «web» of bi- and multilateral treaties could eventually lead to give transnational corporations a «right to an unchanging world», as US Supreme Court did more than a century ago, this time on a global scale.

Suggested Citation

  • Ivan Pupolizio, 2015. "The right to an unchanging world. Indirect expropriation in international investment agreements and «publicness» in law," Stato e mercato, Società editrice il Mulino, issue 2, pages 309-340.
    • Handle: RePEc:mul:jl9ury:doi:10.1425/80770:y:2015:i:2:p:309-340
    as

    Download full text from publisher

    File URL: https://www.rivisteweb.it/download/article/10.1425/80770
    Download Restriction: Access to full text is restricted to subscribers
    File URL: https://www.rivisteweb.it/doi/10.1425/80770
    Download Restriction: no
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:mul:jl9ury:doi:10.1425/80770:y:2015:i:2:p:309-340. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: the person in charge (email available below). General contact details of provider: https://www.rivisteweb.it/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.