International Protection of Investments

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Publisher : Cambridge University Press
ISBN 13 : 1108882706
Total Pages : 1633 pages
Book Rating : 4.1/5 (88 download)

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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.

The Law of Expropriation and Compensation in Canada

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Author :
Publisher :
ISBN 13 :
Total Pages : 482 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Law of Expropriation and Compensation in Canada by : Eric C. E. Todd

Download or read book The Law of Expropriation and Compensation in Canada written by Eric C. E. Todd and published by . This book was released on 1976 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Compensation for American-owned Lands Expropriated in Mexico

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Author :
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Compensation for American-owned Lands Expropriated in Mexico by : United States. Department of State

Download or read book Compensation for American-owned Lands Expropriated in Mexico written by United States. Department of State and published by . This book was released on 1939 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Compensation for Expropriation Under International Law

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Publisher :
ISBN 13 :
Total Pages : 186 pages
Book Rating : 4.:/5 (268 download)

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Book Synopsis Compensation for Expropriation Under International Law by : Andy Kelana

Download or read book Compensation for Expropriation Under International Law written by Andy Kelana and published by . This book was released on 1992 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Compensation for Expropriation

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Author :
Publisher :
ISBN 13 :
Total Pages : 90 pages
Book Rating : 4.:/5 (417 download)

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Book Synopsis Compensation for Expropriation by : J. Will Ashbaugh

Download or read book Compensation for Expropriation written by J. Will Ashbaugh and published by . This book was released on 1991 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Expropriation in International Law

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Author :
Publisher : Greenwood
ISBN 13 :
Total Pages : 262 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Expropriation in International Law by : Samy Friedman

Download or read book Expropriation in International Law written by Samy Friedman and published by Greenwood. This book was released on 1981 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to clarify issues of international importance relating to the varying interpretations of expropriation and confiscation arising during international disputes.

Before Eminent Domain

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Publisher : Univ of North Carolina Press
ISBN 13 : 0807833533
Total Pages : 187 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis Before Eminent Domain by : Susan Reynolds

Download or read book Before Eminent Domain written by Susan Reynolds and published by Univ of North Carolina Press. This book was released on 2010 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this concise history of expropriation of land for the common good in Europe and North America from medieval times to 1800, Susan Reynolds contextualizes the history of an important legal doctrine regarding the relationship between government and the in

Human Rights in International Investment Law and Arbitration

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Publisher : Oxford University Press
ISBN 13 : 0199578184
Total Pages : 646 pages
Book Rating : 4.1/5 (995 download)

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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.

The Politics of Compensation for Expropriation

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Publisher :
ISBN 13 :
Total Pages : 227 pages
Book Rating : 4.:/5 (859 download)

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Book Synopsis The Politics of Compensation for Expropriation by : Noel P. Johnston

Download or read book The Politics of Compensation for Expropriation written by Noel P. Johnston and published by . This book was released on 2013 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: A large literature in political science has examined the choices of governments to expropriate or nationalize foreign investment. Leaders, often with short time horizons, may renege on contracts with foreign investors for political gain, but these choices have serious costs. Existing work has examined why governments are willing to pay these costs or how institutional constraints limit the ability of states to renege on these commitments. What is missing in this literature is a recognition that many governments provide at least some amount of compensation to investors after reneging on these commitments. While political scientists have largely ignored this policy choice, scholars of law often see expropriations with adequate compensation as lawful. In my dissertation, I integrate both of these literatures and focus on the incentives of governments to ultimately renege on contracts while often providing partial compensation. My central insight is that governments can manage the costs of expropriations by compensating investors. I build a formal model of government incentives for both expropriation and compensation and use a novel dataset to test the empirical implications of the theoretical model.

Report on Basis for Compensation on Expropriation

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (32 download)

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Book Synopsis Report on Basis for Compensation on Expropriation by : Ontario Law Reform Commission

Download or read book Report on Basis for Compensation on Expropriation written by Ontario Law Reform Commission and published by . This book was released on 1973 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rethinking Expropriation Law

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Publisher :
ISBN 13 : 9789462368774
Total Pages : 0 pages
Book Rating : 4.3/5 (687 download)

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Book Synopsis Rethinking Expropriation Law by : Björn Hoops

Download or read book Rethinking Expropriation Law written by Björn Hoops and published by . This book was released on 2018-08-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the third of a series in which experts engage critically with the context, criteria and consequences of expropriation. It addresses the issue of fair compensation for expropriations of tenure rights in land from a comparative and interdisciplinary perspective. Not all forms of tenure entail that the land user will receive compensation for losing access to the land. The authors shed light on who qualifies for compensation. Where a holder of tenure rights is entitled to compensation, the contributions deal with the question of whether other costs, such as income losses, costs of moving, and the loss of one's community, are compensated. The authors then address the issue of who determines the value of the incurred losses. Finally, this book deals with pressing political issues, specifically the South African debate on expropriation without compensation.

The International law of expropriation as reflected in the work of the Iran-U.S. claims tribunals

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 0792326547
Total Pages : 614 pages
Book Rating : 4.7/5 (923 download)

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Book Synopsis The International law of expropriation as reflected in the work of the Iran-U.S. claims tribunals by : Allahyar Mouri

Download or read book The International law of expropriation as reflected in the work of the Iran-U.S. claims tribunals written by Allahyar Mouri and published by Martinus Nijhoff Publishers. This book was released on 1994-01-06 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with expropriation and other measures affecting property rights as set out in the awards of the Iran-U.S. Claims Tribunal, and thus examines the relation between general international law and the "lex specialis," viz., the provisions of the Algiers Declarations and the Treaty of Amity between the Governments of Iran and the United States. It studies what rights have been considered as property rights capable of being independently expropriated or affected by other measures, and what rights have not been so qualified, although they might have been considered as forming an element of valuation. Furthermore, the liability and attributability issues are discussed, as are the methods of compensation and of valuation.

Expropriation

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Publisher :
ISBN 13 : 9789211128475
Total Pages : 0 pages
Book Rating : 4.1/5 (284 download)

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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.

An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach

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Publisher : UBC Press
ISBN 13 : 1895830532
Total Pages : 187 pages
Book Rating : 4.8/5 (958 download)

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Book Synopsis An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach by : Robert Mainville

Download or read book An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach written by Robert Mainville and published by UBC Press. This book was released on 2001-04-01 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples. He also discusses the impact of the Canadian constitution on Aboriginal rights, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. The heart of this book deals with the complex question of compensation for the infringement of Aboriginal and treaty rights. The author begins with the Canadian law of expropriation but argues that, while these principles can provide guidelines for compensation, expropriation law is inadequate to address the issue fully. He then examines American jurisprudence and concludes that the American experience, which involves complex legal maneuverings and narrowly applied principles, has not always led to justice for Native Americans. Against this background, Mr. Mainville sets out clear and practical principles for determining appropriate compensation when Aboriginal or treaty rights are breached. These principles include: considering the government's fiduciary obligation; applying uniform compensation principles across the country; adequately assessing the impact of the breach on the Aboriginal community as a whole; considering the benefits derived by the Crown and third parties; the need for structured compensation schemes that do not necessarily meet mathematically accurate tests; and assessing third party responsibility for compensation.

Compensation for Expropriation

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Publisher :
ISBN 13 : 9780951618622
Total Pages : 307 pages
Book Rating : 4.6/5 (186 download)

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Book Synopsis Compensation for Expropriation by : Gavin M. Erasmus

Download or read book Compensation for Expropriation written by Gavin M. Erasmus and published by . This book was released on 1990 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Compensation for Expropriation in the Third World

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Publisher :
ISBN 13 :
Total Pages : 21 pages
Book Rating : 4.:/5 (626 download)

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Book Synopsis Compensation for Expropriation in the Third World by : Onyeonoro S. Kamanu

Download or read book Compensation for Expropriation in the Third World written by Onyeonoro S. Kamanu and published by . This book was released on 1975 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Compensation for Expropriation

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (133 download)

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Book Synopsis Compensation for Expropriation by : Nikièma

Download or read book Compensation for Expropriation written by Nikièma and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: