CREEPING EXPROPRIATION: DEFINITION, MAIN ELEMENTS AND DETERMINATION CHALLENGES

Abstract

Creeping expropriation becomes more and more common reason to initiate the investment dispute. Nevertheless, due to the complexity, the process of its determination is challenging. This article will try to clarify the definition of creeping expropriation, its components, and the two theories that are used to establish it. The reasoning will be based on academic research and case law.