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Beyond Expropriation Without Compensation
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Book Synopsis Beyond Expropriation Without Compensation by : Olaf Zenker
Download or read book Beyond Expropriation Without Compensation written by Olaf Zenker and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book will appeal to scholars, students, policymakers and readers interested in the contribution of land reform and constitutional law to redistributive justice. An interdisciplinary team of experts, united in their commitment to redistributive justice, explore the complexity of issues in critical, constructive and creative ways"--
Book Synopsis Beyond Expropriation Without Compensation by : Olaf Zenker
Download or read book Beyond Expropriation Without Compensation written by Olaf Zenker and published by Cambridge University Press. This book was released on 2024-04-04 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Speeding up land reform through a constitutional amendment that would explicitly permit the expropriation of land without compensation has dominated legal and political-policy debates in South Africa in recent years. Taking this politically and emotionally charged issue as its starting point, this volume offers both expert commentary on this issue from a variety of disciplinary perspectives and also fresh ideas on how to advance the redistributive transformation that South Africa so urgently needs. It brings critically important debates around transformative property law, the need for diversified land justice and the possibilities of alternative forms of redistribution into productive conversation with each other. While grounded in the complex realities of South Africa's past and present, the volume speaks to concerns that resonate in many contexts in the Global South and beyond. It will appeal to scholars, students, policymakers and general readers concerned with both the theory and practice of redistributive justice. This title is also available as Open Access on Cambridge Core.
Book Synopsis Land Matters by : Tembeka Ngcukaitobi
Download or read book Land Matters written by Tembeka Ngcukaitobi and published by Penguin Random House South Africa. This book was released on 2021-04-15 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why has land reform been such a failure in South Africa? Will expropriation without compensation solve the problem? What can be done to get the land programme back on track? In Land Matters, Tembeka Ngcukaitobi tackles the past, present and future of the land question in South Africa. Going back in history, he shows how Africans’ communal systems of landownership were used by colonial rulers to deny that Africans owned the land at all. He explores the effects of the Land Acts, Bantustans and forced removals. And he evaluates the ANC’s policies on land throughout the struggle years, during the negotiations of the 1990s, and in government. Land Matters unpacks the government’s achievements and failures in land redistribution, restitution and tenure reform, and makes suggestions for what needs to be done in future. The book also explores the power of chiefs, the tension between communal landownership and the desire for private title, the failure of the willing-seller, willing-buyer approach, women and land reform, the role of banks, and the debates around amending the Constitution. Steering clear of the simplistic and polarising terms of the land debate, Ngcukaitobi argues for a return to the nuanced constitutional requirements of justice and equity in South Africa’s land policy. Thoughtful and provocative, Land Matters sheds light on one of the most topical, complex and urgent issues in South Africa today.
Book Synopsis International Protection of Investments by : August Reinisch
Download or read book International Protection of Investments written by August Reinisch and published by Cambridge University Press. This book was released on 2020-07-16 with total page 1633 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
Book Synopsis General Principles of Law and International Investment Arbitration by : Andrea Gattini
Download or read book General Principles of Law and International Investment Arbitration written by Andrea Gattini and published by BRILL. This book was released on 2018-06-01 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.
Book Synopsis The Land Question in South Africa by : Lungisile Ntsebeza
Download or read book The Land Question in South Africa written by Lungisile Ntsebeza and published by HSRC Press. This book was released on 2007 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher description
Book Synopsis Metropolis and Beyond by : Hans Blumenfeld
Download or read book Metropolis and Beyond written by Hans Blumenfeld and published by New York ; Toronto : Wiley. This book was released on 1979 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Human Rights in International Investment Law and Arbitration by : Pierre-Marie Dupuy
Download or read book Human Rights in International Investment Law and Arbitration written by Pierre-Marie Dupuy and published by Oxford University Press. This book was released on 2009 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Book Synopsis The Iran-United States Claims Tribunal by : Charles Nelson Brower
Download or read book The Iran-United States Claims Tribunal written by Charles Nelson Brower and published by Martinus Nijhoff Publishers. This book was released on 1998-02-12 with total page 958 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.
Book Synopsis Expropriation by : United Nations Conference on Trade and Development
Download or read book Expropriation written by United Nations Conference on Trade and Development and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication deals with State's expropriatory measures in a case of foreign investment. It examines recent treaty practice regarding expropriation as well as recent arbitral awards applying and interpreting these treaty provisions. It offers solutions to the existing interpretative issues and also provides policy options for future treaties. Section I defines the concepts of direct and indirect expropriation and reviews the variety of measures that can constitute an expropriation. It discusses what economic rights and interests may constitute an object of a taking. It also reviews in detail the conditions for an expropriation to be lawful, namely public purpose, nondiscrimination, due process and payment of compensation. Section II focuses on the core issue of establishing an indirect expropriation: the recent treaty practice with regard to defining indirect expropriation as well as arbitral practice with regard to assessing the impact of a measure, its interference with an investor?s reasonable investment-backed expectations and the nature, character and objectives of the measure. The section goes on to examine criteria that can facilitate the differentiation between indirect expropriation and normal exercise of police and regulatory powers by States. It concludes by presenting a framework for analysis (a sequence of analytical steps) that can be applied to determine whether a measure constitutes an indirect expropriation Section III discusses the differences between compensation for a lawful expropriation and reparation for unlawful expropriations, as well as the question of valuation of investments. Section IV offers options that policymakers and negotiators.
Book Synopsis The National Security Council by : Henry Kissinger
Download or read book The National Security Council written by Henry Kissinger and published by . This book was released on 1970 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Beyond Neoclassical Economics by : Fred E. Foldvary
Download or read book Beyond Neoclassical Economics written by Fred E. Foldvary and published by Edward Elgar Publishing. This book was released on 1996 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introduction to the main heterodox schools of economic thought examines their main concepts and their critiques of mainstream theory. The schools examined include Austrian economics, geo-economics, the Virginia school of political economy, feminist economics, humanist economics, institutional economics, and nondeterminist Marxism. The aim of these essays is to understand the ideas and methodology of these approaches, and also to explain why there are different approaches to economics, and how the various schools relate to each other.
Book Synopsis White Paper on Land Reform by : South Africa
Download or read book White Paper on Land Reform written by South Africa and published by . This book was released on 1991 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis No Right-of-way by : Peter Lewington
Download or read book No Right-of-way written by Peter Lewington and published by Wiley-Blackwell. This book was released on 1991 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Stealth Confiscation by : Mark Milke
Download or read book Stealth Confiscation written by Mark Milke and published by . This book was released on 2012 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Canada, the principle of compensation for expropriation of property is well-established. Tradition, well-established common law principles, laws (including much provincial legislation that requires compensation for expropriation) and court rulings that reinforce the same are available to property owners who face a threat of unusable (and therefore devalued) property. However, unlike expropriation, regulatory changes that restrict the use of property (and can affect its value) rarely result in compensation in Canada, in contract to other developed countries. In Canada, governments can and do restrict the use of property to such an extent that the action is akin to expropriation.
Download or read book The Freedom Charter and Beyond written by and published by . This book was released on 1991 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Official Journal by : League of Nations
Download or read book Official Journal written by League of Nations and published by . This book was released on 1928 with total page 872 pages. Available in PDF, EPUB and Kindle. Book excerpt: Included are the Minutes (or Procès-verbal) of the Council from its first meeting, Paris, January 16, 1920, to the session, ; the budget for the 3d- financial period (1921- ) in 1920, no. 7, 1921, no. 9, 1923- no. 1 of each year; statements of the "Present situations as regards international engagements registered with the Secretariat"; Saar Basin, periodical and other reports and papers; reports on the financial reconstruction of Austria, and of Hungary; and many other reports and papers.
