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11 N.Y.U. Envtl L.J. 64 (2002-2003)
Indirect Expropriations: New Developments

handle is hein.journals/nyuev11 and id is 72 raw text is: INDIRECT EXPROPRIATIONS: NEW
DEVELOPMENTS?
RUDOLF DOLZER*
I
THE LAW OF EXPROPRIATION: SHIFTING PRIORITIES
Within the broader framework of the rules on expropriation of
foreign property, the focus in state practice has noticeably shifted
in the past decades. In the 1970s and 1980s, the battles before the
courts and in academic writing were fought primarily in order to
determine the standard of compensation and the measuring of
expropriated value.' As to the latter aspect, it was mainly the long-
term contracts for the exploration of oil and gas which raised the
question   of  their  value.2    Concerning   the   standard   of
compensation, the effect of the discrepancy of opinio iuris between
the capital-exporting countries and the developing countries, as
well as the significance of heterogeneous state practice not
necessarily identical with any specific opinio iuris, raised issues
regarding the formation and evolution of customary law in a
setting of divergent opinions and practice.     In terms of the
applicable law, treaty law has received much more emphasis in the
past decade. Today, the number of bilateral investment treaties
(BITs) is about four times higher than it was a decade ago, with
. Director, Institute of International Law, University of Bonn, Germany. This
Article is adapted from remarks originally given at the Colloquium on
Regulatory Expropriations in International Law sponsored by New York
University School of Law's Center on Environmental and Land Use Law and the
New York University Environmental Law Journal on April 26-27, 2002.
See, e.g., Rudolf Dolzer, New Foundations of the Law of Expropriation of
Alien Property, 75 AM. J. INT'L L. 553 (1981).
2 See, e.g., Phillips Petroleum Co. Iran v. Iran, 21 Iran-U.S. Cl. Trib. Rep.
79 (1989); Amoco Int'l Fin. Corp. v. Iran, 15 Iran-U.S. Cl. Trib. Rep. 189
(1987). Examples of other claims against national governments include S.P.P.
(Middle East) Ltd. v. Egypt, Award (I.C.C. Arb. No. YD/AS No. 3493, Mar. 11,
1983), 22 I.L.M. 752 (1983) (claim against Egyptian Government by developer
of tourist resorts after land claimed for public use) and American Mfg. & Trading
Inc. v. Zaire, Award (ICSID Case No. ARB/93/1, Feb. 10, 1997), 36 I.L.M. 1534
(automobile and dry batteries factories looted by soldiers in Zaire).

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