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Expropriation And Compensation
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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.
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:
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.
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:
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:
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 2018-05-29 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.
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 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:
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
Book Synopsis Expropriation and Compensation in International Law by : Minoru Ōuchi
Download or read book Expropriation and Compensation in International Law written by Minoru Ōuchi and published by . This book was released on 1964 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Land Rights and Expropriation in Ethiopia by : Daniel W. Ambaye
Download or read book Land Rights and Expropriation in Ethiopia written by Daniel W. Ambaye and published by Springer. This book was released on 2015-02-13 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis provides a new approach to the Ethiopian Land Law debate. The basic argument made in this thesis is that even if the Ethiopian Constitution provides and guarantees common ownership of land (together with the state) to the people, this right has not been fully realized whether in terms of land accessibility, enjoyability, and payment of fair compensation in the event of expropriation. Expropriation is an inherent power of the state to acquire land for public purpose activities. It is an important development tool in a country such as Ethiopia where expropriation remains the only method to acquire land. Furthermore, the two preconditions of payment of fair compensation and existence of public purpose justifications are not strictly followed in Ethiopia. The state remains the sole beneficiary of the process by capturing the full profit of land value, while paying inadequate compensation to those who cede their land by expropriation. Secondly, the broader public purpose power of the state in expropriating the land for unlimited activities puts the property owners under imminent risk of expropriation.
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.
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.
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:
Book Synopsis Indirect Expropriation in International Law by : Sebastián López Escarcena
Download or read book Indirect Expropriation in International Law written by Sebastián López Escarcena and published by Edward Elgar Publishing. This book was released on 2014-02-28 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: When does a state measure become subject to compensation as an indirect expropriation under international law? The author examines claims of indirect takings from such fora as the Iran-United States Claims Tribunal, the European Court of Human Rights, and arbitral panels in investment treaty arbitrations.
Book Synopsis Expropriation in Investment Treaty Arbitration by : Johanne M. Cox
Download or read book Expropriation in Investment Treaty Arbitration written by Johanne M. Cox and published by Oxford University Press, USA. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been a marked increase in the number of investors seeking compensation from states perceived to have expropriated their projects. Part of the Oxford International Arbitration Series, this book provides a comprehensive guide to expropriation and how it is applied in practice. The book begins by introducing the law of expropriation from a historical standpoint, charting some of the key decisions in the history of expropriation and how it has evolved to become an accepted principle in international law today. It then proceeds to offer a detailed examination of existing case law, from which common substantive principles of the international law on expropriation are drawn out. Relevant international cases from the ICJ, ECHR, Iran-US Tribunal, ICSID, NAFTA, and the ECT are considered to complement the focus on investment treaty arbitration. The book also examines the interplay between expropriation and other standards of treaty protection, namely fair and equitable treatment. The final chapters comment on current trends and assess the relevance of expropriation in the present day.
