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In Re case-study

Case Study: Philip Morris v. Uruguay

The Philip Morris v. Uruguay case reaffirmed states' rights to regulate in the public interest, particularly for health measures. The ICSID tribunal ruled that Uruguay's tobacco regulations did not constitute expropriation or unfair treatment, setting a key precedent.
2025 · 5 min read Held
Judgment
In Re case-study

Case Study: Metalclad Corp. v. United Mexican States

Metalclad v. Mexico highlights indirect expropriation under NAFTA, where regulatory actions deprived an investor of economic use. The tribunal ruled in favor of Metalclad, awarding $16.5M, but a Canadian court partially annulled the decision, limiting its scope.
2025 · 5 min read Held
Judgment
In Re case-study

Case Study: Tecnicas Medioambientales Tacmed S.A. (Tecmed) v. Mexico

The Tecmed v. Mexico case (ICSID Case No. ARB(AF)/00/2) established that politically motivated regulatory actions can constitute expropriation. The tribunal ruled that Mexico’s refusal to renew a landfill permit violated investor protections, awarding $5.5M in damages.
2025 · 4 min read Held
Judgment
Def. Lex-O-Pedia
What is Expropriation under International Investment Laws?
Expropriation in international investment law is the compulsory taking of foreign investors' assets by a host state, balancing sovereign rights with investment protection. It includes direct and indirect forms, requiring fair compensation and due process.
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Def. Lex-O-Pedia
What is the Doctrine of Regulatory Taking in International Investment Law?
The regulatory taking doctrine in international investment law mandates compensation when state regulations significantly impact investments, even without formal expropriation, balancing sovereign regulation and investor protection.
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In Re case-study

Case Study: Saipem S.p.A. v. The People’s Republic of Bangladesh

In Saipem S.p.A. v. Bangladesh, ICSID ruled that judicial interference leading to loss of contractual rights is indirect expropriation. This case broadened protection for foreign investors under international investment law.
2025 · 5 min read Held
Judgment
Regulatory Taking

What is the Doctrine of Regulatory Taking in International Investment Law?

The doctrine of regulatory taking in international investment law ensures compensation when state regulations significantly impact foreign investments, even without formal expropriation. Balancing sovereign regulation and investor rights remains a key challenge.

Harish Khan· ·6 min read