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Técnicas Medioambientales Tecmed SA v. United Mexican States
Published online by Cambridge University Press: 01 January 2021
Abstract
Jurisdiction — Mexico — Spain, Agreement on the Reciprocal Promotion and Protection of Investments (“BIT”) — Conduct pre-dating entry into force of BIT — Whether BIT applying to conduct pre-dating BIT — Most — favoured-nation clause — Application to temporal limits
Expropriation — Refusal to renew operating permit for landfill — Whether indirect expropriation — Whether breach of obligation to provide full security and protection — Whether breach of obligation to treat fairly and equitably
Damages — Calculation of damages — Fair market value — Restitution in kind — Interest — Costs
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