U.S. Courts and the International Law of Expropriation: Toward a New Model for Breach of Contract – Article by Peter Charles Choharis

From Volume 80, Number 1 (November 2006)

In 2005, cross-border investment exceeded $1.3 trillion globally. Yet the international law governing the protection of foreign-owned property remains unsettled even in U.S. courts. Not only do American courts often refuse to reach the merits of expropriation claims, but they also frequently ignore relevant authority and rely upon the outdated and muddled Restatement (Third) for guidance. This article, which focuses on breach and forced renegotiation of contract claims, is the first of five planned articles that examine different theories of expropriation under international law. Together, these five articles try to construct a new and comprehensive analytical framework for adjudicating expropriation claims.