La expropiación indirecta frente al CIADI : consideraciones para la autorregulación de los actos administrativos de los Estados

Abstract

In the field of expropriation there is great controversy, not because of the transfer of property title, but because of indirect expropriation. The problem lies in the complexity of the dividing line between legitimate regulatory measures and acts that are considered unlawful interference with the rights and interests of a foreign investor and that result in indirect expropriation. To understand indirect expropriation in international law, ICSID –the most important forum in the field of foreign investment– arbitration decisions are analyzed, the common criteria developed are exposed and, finally, some safeguards that should be adopted by the States in the self-regulation of administrative acts related to foreign investors are disclosed.