When Does Regulation Become a Taking? Indirect Expropriation, Substantial Deprivation and the Police Powers Boundary

Chapter 6 of 20 — part of a research treatise in public international law by S.S.Bukhari (The Scholarly Nexus, October 2026), examining ICJ jurisdiction and procedure, expropriation and investment protection, targeted sanctions, the law of the sea, refugee protection, and the formation of customary international law.

Wena's seizure by Egypt without any transfer of title was held an expropriation because the owner was deprived of its fundamental rights of ownership for more than an ephemeral period. This article examines the boundary between uncompensated regulation and compensable deprivation.

Also published on The Scholarly Nexus: https://the-scholarly-nexus.odoo.com/scholarly-literature