In international investment law there is a long-standing debate about the proper standard of compensation for takings. This article examines the expected and actual behaviors of the main actors--the investor and the host state--in investment transactions. After a brief description of the two compensation standards in Part II, Part III of this Article considers how a potential foreign investor and host state would likely behave if the investment is viewed from a business perspective.
Mark A. Chinen,
The Standard of Compensation for Takings, 25 MINN. J. INT'L L. 335