Separate opinion of Judge Charlesworth
SEPARATE OPINION OF JUDGE CHARLESWORTH
Article IV, paragraph 2 Criteria for the assessment of the exercise of regulatory powers in matters of unlawful expropriation Reasonableness A measure of discretion enjoyed by the domestic authorities/regulator Article X, paragraph 1 Broad interpretation of the freedom of commerce Requirement for an “actual impediment” Article X, paragraph 1, does not preclude regulatory measures with indirect or incidental effects on the freedom of commerce.