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Yu-Jui Chang - University of Pennsylvania Law School, LLM

International Investment Law Symposium LLM Perspectives Online Publications

Non-Action as an Indirect Expropriation

This paper is based on the final paper of the class “International Investment Law” taught by Professor William W. Burke-White in the 2016 spring semester. The author would like to thank Professor Burke-White and the other class participants for their invaluable instructions, guidance and comments. All errors and omissions are the author’s alone. The author can be reached at yuraychang@hotmail.com. I. Introduction Indirect expropriation, including creeping expropriation and consequential expropriation, is a relatively vague concept, and there is no clear applicable rule under customary international law addressing the relationship between these concepts. This paper illustrates the intricacies of these concepts…

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