Devletlerin Yabancı Yatırımcıların Mülkiyet Hakkına Müdahalesine İlişkin Olarak ICSID Tahkim Uygulamasında Ortaya Çıkan Genel Prensipler Ve Sonuçları
General Principles & Results Occurred During ICSID's Arbitration Applications Related to State's Intervention to the Foreign Investors' Property Right

Summary/Abstract: The state intervention to foreign investors’ property right is leading international qualified investment disagreements. This intervention realizes by state led expropriation of foreign investments or by procedures as nationalization, distraint that causes expropriation. In international law the states have the right to intervene to property rights but to be subject to some conditions is also agreed. These are generally the provisions such as to be appropriate to the aims mentioned in the rules; not to make discrimination; to be appropriate to the procedures foreseen in the rules and to pay indemnity. In addition, during ICSID’s arbitration applications basic principles related to which procedures are in the character of unfair intervention to foreigners’ property right are settled.

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