The Agrarian Dispute

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Author :
Publisher : Duke University Press
ISBN 13 : 0822388944
Total Pages : 404 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis The Agrarian Dispute by : John Dwyer

Download or read book The Agrarian Dispute written by John Dwyer and published by Duke University Press. This book was released on 2008-09-12 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the mid-1930s the Mexican government expropriated millions of acres of land from hundreds of U.S. property owners as part of President Lázaro Cárdenas’s land redistribution program. Because no compensation was provided to the Americans a serious crisis, which John J. Dwyer terms “the agrarian dispute,” ensued between the two countries. Dwyer’s nuanced analysis of this conflict at the local, regional, national, and international levels combines social, economic, political, and cultural history. He argues that the agrarian dispute inaugurated a new and improved era in bilateral relations because Mexican officials were able to negotiate a favorable settlement, and the United States, constrained economically and politically by the Great Depression, reacted to the crisis with unaccustomed restraint. Dwyer challenges prevailing arguments that Mexico’s nationalization of the oil industry in 1938 was the first test of Franklin Roosevelt’s Good Neighbor policy by showing that the earlier conflict over land was the watershed event. Dwyer weaves together elite and subaltern history and highlights the intricate relationship between domestic and international affairs. Through detailed studies of land redistribution in Baja California and Sonora, he demonstrates that peasant agency influenced the local application of Cárdenas’s agrarian reform program, his regional state-building projects, and his relations with the United States. Dwyer draws on a broad array of official, popular, and corporate sources to illuminate the motives of those who contributed to the agrarian dispute, including landless fieldworkers, indigenous groups, small landowners, multinational corporations, labor leaders, state-level officials, federal policymakers, and diplomats. Taking all of them into account, Dwyer explores the circumstances that spurred agrarista mobilization, the rationale behind Cárdenas’s rural policies, the Roosevelt administration’s reaction to the loss of American-owned land, and the diplomatic tactics employed by Mexican officials to resolve the international conflict.

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.

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

Power over Property

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Author :
Publisher : University of Michigan Press
ISBN 13 : 0472127101
Total Pages : 359 pages
Book Rating : 4.4/5 (721 download)

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Book Synopsis Power over Property by : Matthew Noellert

Download or read book Power over Property written by Matthew Noellert and published by University of Michigan Press. This book was released on 2020-10-13 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the end of World War II in 1945, the Chinese Communist Party (CCP) spent the next three decades carrying out agrarian reform among nearly one-third of the world’s peasants. This book presents a new perspective on the first step of this reform, when the CCP helped redistribute over 40 million hectares of land to over three hundred million impoverished peasants in the nationwide land reform movement. This land reform, the founding myth of the People’s Republic of China (1949–present) and one of the largest redistributions of wealth and power in history, embodies the idea that an equal distribution of property will lead to social and political equality. Power Over Property argues that in practice, however, the opposite occurred: the redistribution of political power led to a more equal distribution of property. China’s land reform was accomplished not only through the state’s power to define the distribution of resources, but also through village communities prioritizing political entitlements above property rights. Through the systematic analysis of never-before studied micro-level data on practices of land reform in over five hundred villages, Power Over Property demonstrates how land reform primarily involved the removal of former power holders, the mobilization of mass political participation, and the creation of a new social-political hierarchy. Only after accomplishing all of this was it possible to redistribute land. This redistribution, moreover, was determined by political relations to a new structure of power, not just economic relations to the means of production. The experience of China’s land reform complicates our understanding of the relations between economic, social, and political equality. On the one hand, social equality in China was achieved through political, not economic means. On the other hand, the fundamental solution was a more effective hierarchy of fair entitlements, not equal rights. This book ultimately suggests that focusing on economic equality alone may obscure more important social and political dynamics in the development of the modern world.

Expropriation in Investment Treaty Arbitration

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 9780198804918
Total Pages : 0 pages
Book Rating : 4.8/5 (49 download)

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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.

Foreign Investments And The Management Of Political Risk

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Author :
Publisher : Routledge
ISBN 13 : 0429726651
Total Pages : 152 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Foreign Investments And The Management Of Political Risk by : Dan Haendel

Download or read book Foreign Investments And The Management Of Political Risk written by Dan Haendel and published by Routledge. This book was released on 2019-05-20 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on the efforts that multinational enterprises (MNEs) can and must make to evaluate and deal with the political risks they confront in host countries. After discussing various aspects of the relationships between MNEs and host countries, the author considers the definitional and conceptual issues of political risk. He examines th

Sanctity Versus Sovereignty

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Publisher : Columbia University Press
ISBN 13 : 9780231064484
Total Pages : 436 pages
Book Rating : 4.0/5 (644 download)

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Book Synopsis Sanctity Versus Sovereignty by : Kenneth Aaron Rodman

Download or read book Sanctity Versus Sovereignty written by Kenneth Aaron Rodman and published by Columbia University Press. This book was released on 1988 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available for the first time in English, this is the definitive account of the practice of sexual slavery the Japanese military perpetrated during World War II by the researcher principally responsible for exposing the Japanese government's responsibility for these atrocities. The large scale imprisonment and rape of thousands of women, who were euphemistically called "comfort women" by the Japanese military, first seized public attention in 1991 when three Korean women filed suit in a Toyko District Court stating that they had been forced into sexual servitude and demanding compensation. Since then the comfort stations and their significance have been the subject of ongoing debate and intense activism in Japan, much if it inspired by Yoshimi's investigations. How large a role did the military, and by extension the government, play in setting up and administering these camps? What type of compensation, if any, are the victimized women due? These issues figure prominently in the current Japanese focus on public memory and arguments about the teaching and writing of history and are central to efforts to transform Japanese ways of remembering the war. Yoshimi Yoshiaki provides a wealth of documentation and testimony to prove the existence of some 2,000 centers where as many as 200,000 Korean, Filipina, Taiwanese, Indonesian, Burmese, Dutch, Australian, and some Japanese women were restrained for months and forced to engage in sexual activity with Japanese military personnel. Many of the women were teenagers, some as young as fourteen. To date, the Japanese government has neither admitted responsibility for creating the comfort station system nor given compensation directly to former comfort women. This English edition updates the Japanese edition originally published in 1995 and includes introductions by both the author and the translator placing the story in context for American readers.

International Investment Arbitration

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Publisher : Oxford International Arbitrati
ISBN 13 : 9780199676804
Total Pages : 0 pages
Book Rating : 4.6/5 (768 download)

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Book Synopsis International Investment Arbitration by : Campbell McLachlan

Download or read book International Investment Arbitration written by Campbell McLachlan and published by Oxford International Arbitrati. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration of international investment disputes is one of the fastest growing areas of international dispute resolution. This book surveys the substantive principles which are being applied to disputes by international investment tribunals.

Land Expropriation in Israel

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Publisher : Routledge
ISBN 13 : 131710837X
Total Pages : 213 pages
Book Rating : 4.3/5 (171 download)

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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.

Politics and International Investment

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Publisher : Edward Elgar Publishing
ISBN 13 : 9781782543374
Total Pages : 216 pages
Book Rating : 4.5/5 (433 download)

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Book Synopsis Politics and International Investment by : Witold J. Henisz

Download or read book Politics and International Investment written by Witold J. Henisz and published by Edward Elgar Publishing. This book was released on 2002-01-01 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A challenging research monograph that will appeal to international business scholars in the area of transaction cost economics (TCE), political risk, multinational enterprise (MNE) host country bargaining, and international joint ventures. It offers both theoretical and empirical advances in this area.' - Alan Rugman, Journal of International Business Studies

Politics and Foreign Direct Investment

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Publisher : University of Michigan Press
ISBN 13 : 0472051768
Total Pages : 220 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis Politics and Foreign Direct Investment by : Nathan Jensen

Download or read book Politics and Foreign Direct Investment written by Nathan Jensen and published by University of Michigan Press. This book was released on 2012-09-18 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes a country attractive to multinational corporations?

Post-Communist Mafia State

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Publisher : Central European University Press
ISBN 13 : 6155513546
Total Pages : 337 pages
Book Rating : 4.1/5 (555 download)

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Book Synopsis Post-Communist Mafia State by : B lint Magyar

Download or read book Post-Communist Mafia State written by B lint Magyar and published by Central European University Press. This book was released on 2016-03-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Having won a two-third majority in Parliament at the 2010 elections, the Hungarian political party Fidesz removed many of the institutional obstacles of exerting power. Just like the party, the state itself was placed under the control of a single individual, who since then has applied the techniques used within his party to enforce submission and obedience onto society as a whole. In a new approach the author characterizes the system as the ?organized over-world?, the ?state employing mafia methods? and the ?adopted political family', applying these categories not as metaphors but elements of a coherent conceptual framework. The actions of the post-communist mafia state model are closely aligned with the interests of power and wealth concentrated in the hands of a small group of insiders. While the traditional mafia channeled wealth and economic players into its spheres of influence by means of direct coercion, the mafia state does the same by means of parliamentary legislation, legal prosecution, tax authority, police forces and secret service. The innovative conceptual framework of the book is important and timely not only for Hungary, but also for other post-communist countries subjected to autocratic rules. ÿ

Fair and Equitable Treatment

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Publisher :
ISBN 13 : 9789211128277
Total Pages : 0 pages
Book Rating : 4.1/5 (282 download)

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Book Synopsis Fair and Equitable Treatment by : United Nations Conference on Trade and Development

Download or read book Fair and Equitable Treatment 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: "In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.

Building International Investment Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041161414
Total Pages : 723 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Building International Investment Law by : Meg Kinnear

Download or read book Building International Investment Law written by Meg Kinnear and published by Kluwer Law International B.V.. This book was released on 2015-12-22 with total page 723 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.

Congress and the Politics of U.S. Foreign Economic Policy, 1929-1976

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Publisher : Univ of California Press
ISBN 13 : 9780520046450
Total Pages : 384 pages
Book Rating : 4.0/5 (464 download)

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Book Synopsis Congress and the Politics of U.S. Foreign Economic Policy, 1929-1976 by : Robert A. Pastor

Download or read book Congress and the Politics of U.S. Foreign Economic Policy, 1929-1976 written by Robert A. Pastor and published by Univ of California Press. This book was released on 1980 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the author's thesis, Harvard.Includes index. Bibliography: p. 355-362.

Introduction to Investor-State Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041184015
Total Pages : 362 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Introduction to Investor-State Arbitration by : Yves Derains

Download or read book Introduction to Investor-State Arbitration written by Yves Derains and published by Kluwer Law International B.V.. This book was released on 2018-10-17 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion. In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following: • consent to jurisdiction; • State responsibility; • possible conflict of interests; • mechanisms for reviewing an award; • damages and costs; and • enforcement. The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions while highlighting important cases. Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students.x`

The Private Sector in Public Office

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Publisher : Cambridge University Press
ISBN 13 : 1108498159
Total Pages : 209 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Private Sector in Public Office by : Yue Hou

Download or read book The Private Sector in Public Office written by Yue Hou and published by Cambridge University Press. This book was released on 2019-09-05 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines how the private sector in China manages to grow without secure property rights.