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In The Matter of Revere Copper and Brass, Inc. and Overseas Private Investment Corporation

United States of America.  24 August 1978 ; 08 December 1978 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State responsibility — Nature and kinds of State responsibility — For taking of, or interference with property — Repudiation by Government of undertaking to foreign company not to increase tax on company — Company obliged to cease operations — Whether “expropriatory action” within OPIC insurance contract — International law and the law of the United States

State responsibility — Damages — Award of damages in general — Overseas Private Investment Corporation contract of insurance — Measure of compensation for expropriatory action — Assessment of loss

The individual in international law — Aliens — Position of — Treatment by and responsibilities of the receiving State — Repudiation by Government of agreement with foreign company — International law and the law of the United States

The individual in international law — Aliens — Position of — Respect for property — Expropriation — Repudiation by Government of agreement with foreign company not to increase taxes payable by company — Company obliged to cease operations — Whether expropriation — Whether within OPIC insurance contract — International law and the law of the United States

State responsibility — Nature and kinds of State responsibility — For breaches of contractual obligations — Contract of guarantee between Government and foreign company — Undertaking by Government not to increase taxes or royalties payable by company — Whether governed by principles of international law — Repudiation of contract by Government — Whether amounting to “expropriatory action” within terms of OPIC insurance contract — Measure of compensation — International law and the law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1980

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