The rule of law has significantly declined in Russia recently, particularly following the February 2022 full-scale invasion of Ukraine. At a workshop, hosted at the Arctic University of Norway, we explored the growing dominance of informal governance, the erosion of judicial independence, and the broader implications for civil freedoms and property rights in Russia. I…
All posts tagged creeping expropriation
Can Regulatory Freedom Justify Indirect Expropriation in Investment Arbitration?
States can regulate as part of their sovereignty and can give away a part of their regulatory freedom by making commitments to foreign investors, such as the obligation to compensate investors for expropriation. Unless a treaty removes or modifies a particular norm of international law, international law on expropriation, including customary law, should apply. The real challenge…