Recommended Citation
Naomi Matthusen,
A Taking or Public Interest Intent: Launching a Universal Standard for Indirect Expropriation,
57 Case W. Res. J. Int'l L.
561
(2025)
Available at:
https://scholarlycommons.law.case.edu/jil/vol57/iss1/17
Abstract
Outstanding note of the year 2025
In 2023, the Russian government announced drastic measures to take control over the management of specific foreign investments located in Russia in response to sanctions imposed on Russian assets abroad. These measures affected nearly onefourth of the largest 200 companies in the world. Expropriation clauses in bilateral investment treaties between nations exist to prevent the usurpation of foreign investments by host state governments, yet the standards for what constitutes indirect expropriation remain unclear and unpredictable and fail to adequately balance government and investor interests. This Note proposes and rationalizes a new definition for indirect expropriation, which requires substantial deprivation, lack of proportionality, and lack of foreseeability. (Abstract from author.)