452. Expropriation of the property of aliens.

452.     Expropriation of the property of aliens.

It is now generally accepted that, subject to any international engagements to the contrary1, expropriation2 of the property of aliens3 is not in itself contrary to international law, provided that certain conditions are met4. The debate has focused on the nature of these conditions. It is now generally considered that expropriation will not be contrary to international law5, provided:

  1.  

    (1)     it is for some bona fide public purpose6;

  2.  

    (2)     it is not discriminatory7; and

  3.  

    (3)     it is