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Expropriation By Law
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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
Book Synopsis Regulatory Freedom and Indirect Expropriation in Investment Arbitration by : Aniruddha Rajput
Download or read book Regulatory Freedom and Indirect Expropriation in Investment Arbitration written by Aniruddha Rajput and published by Kluwer Law International B.V.. This book was released on 2018-12-20 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years States have been trying to clarify the relationship between regulatory freedom (also known as 'police powers') and indirect expropriation by revising provisions on indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals. The nature of regulatory freedom in international law has been explained on the bases of jurisprudence of international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organisation (WTO), European Court of Human Rights. While showing how cases involving standoff between regulatory freedom and indirect expropriation can be resolved in practice, the book goes on to present a conceptual framework for interpreting the nuances of this relationship. The book provides a detailed responses to the following complex questions: • To what extent do states retain regulatory freedom after entering into investment treaties? • What is the scope of regulatory freedom in general public international law? • What are the elements of regulatory freedom and standard of review? • How to draw a dividing line between regulatory freedom and indirect expropriation? • Whether the sole effects doctrine or the police powers is the appropriate method for distinguishing between regulatory freedom and indirect expropriation? While addressing these questions, the author analyses different theoretical approaches that reflect upon the relationship between regulatory freedom and indirect expropriation and how far they assist in understanding these potentially overlapping concepts; their relationship with each other; and the method for distinguishing between them. Given the dense network of around three thousand bilateral investment treaties (BITs) that impose an obligation to protect foreign investments in a State, this book will help practitioners identify, through analysis of cases from diverse fields, how a situation may be categorized either as regulatory freedom or as indirect expropriation. The analysis will also be of value to government officials and lawyers involved in negotiating and re-negotiating investment treaties, and to arbitrators who have to decide these issues. Scholars will welcome the book's keen insight into the contentious relationship between a customary international law norm and a treaty norm.
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 Land Expropriation in Israel by : Yifat Holzman-Gazit
Download or read book Land Expropriation in Israel written by Yifat Holzman-Gazit and published by Routledge. This book was released on 2016-04-22 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, Israel's Supreme Court has failed to limit the state's powers of expropriation and to protect private property. This book argues that the Court's land expropriation jurisprudence can only be understood against the political, cultural and institutional context in which it was shaped. Security and economic pressures, the precarious status of the Court in the early years, the pervading ethos of collectivism, the cultural symbolism of public land ownership and the perceived strategic and demographic risks posed by the Israeli Arab population - all contributed to the creation of a harsh and arguably undemocratic land expropriation legal philosophy. This philosophy, the book argues, was applied by the Supreme Court to Arabs and Jews alike from the creation of the state in 1948 and until the 1980s. The book concludes with an analysis of the constitutional change of 1992 and its impact on the legal treatment of property rights under Israeli law.
Book Synopsis Administrative Law in Canada by : Sara Blake
Download or read book Administrative Law in Canada written by Sara Blake and published by Markham, Ont. : Butterworths. This book was released on 1992 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Expropriation of Property for National Defense by : United States. Department of Justice. Lands Division
Download or read book Expropriation of Property for National Defense written by United States. Department of Justice. Lands Division and published by . This book was released on 1941 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Expropriation in the Americas by : Andreas F. Lowenfeld
Download or read book Expropriation in the Americas written by Andreas F. Lowenfeld and published by Dunellen Publishing Company. This book was released on 1971 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 New Law of Expropriation by : John A. Coates
Download or read book New Law of Expropriation written by John A. Coates and published by Don Mills, Ont. : R. De Boo. This book was released on 1984 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Expropriation by Law by : Christian Bessy
Download or read book Expropriation by Law written by Christian Bessy and published by Edward Elgar Publishing. This book was released on 2024-02-12 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Placing himself at the crossroads of economics, law, and sociology, Christian Bessy investigates the contemporary transformation of intellectual property rights (IPR) with the emergence of new conventions for their valuation. He demonstrates how entities previously considered inappropriate have now become the object of property rights by means of a creeping legal codification and generate inequalities.
Book Synopsis Expropriation by : Law Reform Commission of Canada
Download or read book Expropriation written by Law Reform Commission of Canada and published by . This book was released on 1976 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Expropriation in South Africa by : Marcus Jacobs
Download or read book The Law of Expropriation in South Africa written by Marcus Jacobs and published by . This book was released on 1982 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Eminent Domain in Louisiana by : Melvin G. Dakin
Download or read book Eminent Domain in Louisiana written by Melvin G. Dakin and published by . This book was released on 1970 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Expropriation in Central America and Panama by : Robert C. Casad
Download or read book Expropriation in Central America and Panama written by Robert C. Casad and published by . This book was released on 1975 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private property & expropriation from a Latin American perspective.
Book Synopsis Expropriation in Mexico by : Roscoe Bradley Gaither
Download or read book Expropriation in Mexico written by Roscoe Bradley Gaither and published by . This book was released on 1940 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
