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Защита от экспроприации собственности иностранного инвестора: международно-правовые стандарты

Ксенофонтов К. Е.

In international investment law the compensation for foreign investors is a precondition for the expropriation of his property. However, the sources of international law have different opinion as to the definition of the principle of compensation, and the procedure for calculating the specific quantity. This article examines two competing approaches to international legal standards of compensation: the principle of full compensation and sufficient compensation principle. Describes the basic methods of determining the value of compensation: the method of book value, liquidation value, replacement cost and discounted cash flow. It proved the dominant role of the last of them. Separate consideration is noncash foreign investor protection, which, although not widespread, sometimes used by international arbitration.