The precise term for nationalization is expropriation and states
have an inherent right to expropriate property owned by aliens. Claiming that
it is a right is quite a strong claim, but it how it is. From chapter
Expropriation in Principles of International Investment Law (2nd
Edition):
Consistent with the notion of territorial sovereignty, the classical
rules of international law have accepted the host state's right to
expropriate alien property in principle. Indeed, state practice has
considered this right to be so fundamental that even modern
investment treaties (often entitled agreements "for the promotion
and protection of foreign investment") respect this position. Treaty
law typically addresses only the conditions and consequences of an
expropriation, leaving the right to expropriate as such unaffected.
These strong words means that there is, in principle, a right to
expropriation which is comparable to the right to self-defense.
The chapter continues with a discussion on what is required for an
expropriation to be lawful:
It is today generally accepted that the legality of a measure of
expropriation is conditioned on three (or four) requirements. These
requirements are contained in most treaties. They are also seen to
be part of customary international law. These requirements must be
fulfilled cumulatively:
a )The measure must serve a public purpose. Given the broad meaning
of ‘public purpose’, it is not surprising that this requirement has
rarely been questioned by the foreign investor. However, tribunals
did address the significance of the term and its limits in some
cases.
b) The measure must not be arbitrary and discriminatory within the generally accepted meaning of the terms.
c) Some treaties explicitly require that the procedure of
expropriation must follow principles of due process. Due process is
an expression of the minimum standard under customary international
law and of the requirement of fair and equitable
treatment. Therefore, it is not clear whether such a clause, in the
context of the rule on expropriation, adds an independent
requirement for the legality of the expropriation.
d) The expropriatory measure must be accompanied by prompt,
adequate, and effective compensation. Adequate compensation is
generally understood today to be equivalent to the market value of
the expropriated investment.
In your example, the asset was expropriated without compensation and
would have been unlawful. Exactly how much a state should pay for
expropriated property is a thorny subject. You can read more about it
in Compensation for Expropriation Best Practices Series - March
2013
published by the International Institute for Sustainable Development
and in Expropriation: a
Sequel
published by the UN body UNCTAD. The latter writes:
The last condition for an expropriation to be lawful is that it must
be accompanied by compensation. Different methods of valuation may
be employed to determine the amount of compensation (see sections
I.F.4(iv) and III.B) and may lead to varying results. The
differences between compensation for lawful expropriation and
reparation for unlawful expropriation are discussed separately in
section III.A.
In recent IIAs, there is an increasing level of convergence
regarding the standard of compensation that must be paid to render
the expropriation lawful. One of the salient trends among IIAs is
that most of them incorporate the standard of prompt, adequate and
effective compensation, also known as the Hull standard (see UNCTAD,
2007, p. 48).
Compensation is considered to be prompt if paid without delay;
adequate, if it has a reasonable relationship with the market value
of the investment concerned; and effective, if paid in convertible
or freely useable currency. In spelling out what constitutes an
adequate compensation, treaties most often refer to an investment’s
fair market value.