Cuban BIT’s and indirect expropriation in the foreign investments

Abstract

The Bilateral Investments Treaties (BIT’s) since its first wordings have established particular reference to indirect expropriation. The Cuban Agreements have followed a similar system and they have also done so. However, the current Cuban legal framework is insufficient, due to the absence of a precise pronouncement in the internal legislation and an inadequate formulation of the figure in its Treaties. In this article, the author identified a series of elements in relation to the treatment of indirect expropriation, that could be considered for its analysis and future reformulation in the BIT’s as well as for inclusion in the special law, at the same time that they could mitigated the possibility to file lawsuits in International Courts against the Cuban State by foreign investors under the invocation of this figure.