Title
Restatement of the Law Third / The Foreign Relations Law of the United States, Volume 2, §§ 501-End, St. Paul. Minn. 1987, at 196 et seq.
Content

Restatement of the Law Third / The Foreign Relations Law of the United States

Part VII

Chapter 2 - Injury to Nationals of Other States

196

[...]

 § 712. State Responsibility for Economic Injury to Nationals of Other States

  A state is responsible under international law for injury resulting from:

(1)

a taking by the state of the property of a national of another state that

(a)

is not for a public purpose, or

(b)

is discriminatory, or

(c)

is not accompanied by provision for just compensation; 197 For compensation to be just under this Subsection, it must, in the absence of exceptional circumstances, be in an amount equivalent to the value of the property taken and be paid at the time of taking, or within a reasonable time thereafter with interest from the date of taking, and in a form economically usable by the foreign national;

(2)

a repudiation or breach by the state of a contract with a national of another state

(a)

where the repudiation or breach is

(i)

discriminatory; or

(ii)

motivated by noncommercial considerations, and compensatory damages are not paid;

or

(b)

where the foreign national is not given an adequate forum to determine his claim of repudiation or breach, or is not compensated for any repudiation or breach determined to have occurred; or

(3)

other arbitrary or discriminatory acts or omissions by the state that impair property or other economic interests of a national of another state.

Referring Principles
Trans-Lex Principle: XI.1 - Compensation for expropriation
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