New Law Of Expropriation

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Regulatory Freedom and Indirect Expropriation in Investment Arbitration

Author : Aniruddha Rajput
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506253
Total Pages : 283 pages
Book Rating : 4.4/5 (35 download)

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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 283 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.

Land Expropriation in Israel

Author : Yifat Holzman-Gazit
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.

International Protection of Investments

Author : August Reinisch
Publisher : Cambridge University Press
ISBN 13 : 1108882706
Total Pages : 1662 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 1662 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

Author : Susan Reynolds
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

Routledge Handbook of Contemporary Issues in Expropriation

Author : Taylor & Francis Group
Publisher : Routledge
ISBN 13 : 9781032094687
Total Pages : 480 pages
Book Rating : 4.0/5 (946 download)

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Book Synopsis Routledge Handbook of Contemporary Issues in Expropriation by : Taylor & Francis Group

Download or read book Routledge Handbook of Contemporary Issues in Expropriation written by Taylor & Francis Group and published by Routledge. This book was released on 2021-06-30 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Contemporary Issues in Expropriation reviews the contemporary major issues involving expropriation (eminent domain/compulsory purchase) in an international context. Expropriation is a right reserved to all governments, and, thus, it has an impact on all societies. This book, the first of its kind, considers the essential issues from the point of view of both developing and developed countries, and their needs for major infrastructure projects. The content covers major issues, principles and policies and includes the experiences of and examples from different countries and regions, including Australia, Asia, China, Europe, India and the USA. Rather than providing an in-depth examination of individual countries' legal systems, the book focuses on international issues, and also provides a reflection on how national experiences can be related to global needs. Key themes include: Nature and quantum of compensation - Land rights and the acquisition of traditional land rights - Issues surrounding 'public interest' -Alternatives to expropriation -The future: "good practice", debate and reform. This handbook is an essential resource for students and researchers in the areas of land policy, land law, property law and rights, and international development.

Administrative Law in Canada

Author : Sara Blake
Publisher : Markham, Ont. : Butterworths
ISBN 13 :
Total Pages : 288 pages
Book Rating : 4.F/5 ( download)

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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:

Public Interest, Private Property

Author : Anneke Smit
Publisher : UBC Press
ISBN 13 : 0774829346
Total Pages : 335 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Public Interest, Private Property by : Anneke Smit

Download or read book Public Interest, Private Property written by Anneke Smit and published by UBC Press. This book was released on 2015-12-15 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when pollution, urban sprawl, and condo booms are leading municipal governments to adopt prescriptive laws and regulations, this book lays the groundwork for a more informed debate between those trying to preserve private property rights and those trying to assert public interests. Rather than asking whether community interests should prevail over the rights of private property owners, Public Interest, Private Property delves into the heart of the argument to ask key questions. Under what conditions should public interests take precedence? And when they do, in what manner should they be limited? Drawing on case studies from across Canada, the contributors examine the tensions surrounding expropriation, smart growth, tree bylaws, green development, and municipal water provision. They also explore frustrations arising from the perceived loss of procedural rights in urban-planning decision making, the absence of a clear definition of “public interest,” and the ambiguity surrounding the controls property owners have within a public-planning system.

Resolving Land Disputes in East Asia

Author : Hualing Fu
Publisher : Cambridge University Press
ISBN 13 : 1107066824
Total Pages : 465 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Resolving Land Disputes in East Asia by : Hualing Fu

Download or read book Resolving Land Disputes in East Asia written by Hualing Fu and published by Cambridge University Press. This book was released on 2014-07-03 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fresh comparative perspectives on land disputes in East Asia, with a focus on the transitional societies in China and Vietnam.

The Law of Expropriation and Compensation in Canada

Author : Eric C. E. Todd
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:

International Investment Law and Legal Theory

Author : Jörg Kammerhofer
Publisher : Cambridge University Press
ISBN 13 : 1108839177
Total Pages : 391 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Investment Law and Legal Theory by : Jörg Kammerhofer

Download or read book International Investment Law and Legal Theory written by Jörg Kammerhofer and published by Cambridge University Press. This book was released on 2021-05-06 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.

Expropriation

Author : United Nations Conference on Trade and Development
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.

International Interplay

Author : Riddhi Dasgupta
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443867659
Total Pages : 480 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis International Interplay by : Riddhi Dasgupta

Download or read book International Interplay written by Riddhi Dasgupta and published by Cambridge Scholars Publishing. This book was released on 2014-09-26 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are international tribunals heading towards greater sovereignty or towards greater liberalisation of property rights? Can we glean specific deductions from prevailing cases outside the expropriation arena? How can we justifiably extrapolate principles from international investment arbitration before modifying and applying these lessons to international human rights, the World Trade Organization regime and other dispute settlement systems? What, if any, degree of deference attends the assessment of various claims undertaken by international tribunals? Does this depend on high commerce, force majeure, military or paramilitary control, urgent nuclear and environmental considerations, transboundary harms, political instability, fraud and deception or other special circumstances? Where do textually strict treaty interpretations end and the general principles of international law take over? Can autonomous treaty interpretation by international tribunals be reconciled with the host State’s prerogative of defining its own protected public interests? Where is the tipping point, too frequently fraught with the potential to deprive States of the incentive to stay within the applicable international compact? These issues must be comparatively addressed. Contemporary international law developments and dislocations are occurring at a break-neck pace. We pause and contemplate the implications. Riddhi Dasgupta analyses the standards of Expropriation, Exhaustion of Local Remedies, Continuous Nationality, Non-Discrimination (National Treatment, Most Favoured Nation and Domestic Discrimination), Fair and Equitable Treatment, Minimum Standard of Treatment, and Compensation across international dispute settlement. The foundational and evolving concept of consent is required to justify all public international law, from genesis onwards. The potency of expropriation-based claims will continue to expand, and the comparative lessons drawn from various international law regimes will interplay to stirring effect. Writing accessibly, Dasgupta proposes various legal strategies going forward and makes analytical prognostications about this area of international law. Dasgupta presents influential interview and anecdotal results as well as statistics concerning the growing flow of investments in targeted jurisdictions and sectors. For the international lawyer’s benefit, the final chapter condenses the book’s tactical scenario-planning and advice. Institutional dialogues among tribunals as well as tribunal dialogues with politicians, investors, NGOs, and of course citizens (the ultimate boson) will assume absolutely indispensable significance. This will be the true tipping-point in the eye of the storm. Legitimacy, transparency, justice, efficiency and economy, candour, party autonomy, coherence, incentives, and the tense clash of interests reappear as the constant motifs in this important but relatively unknown saga. Studiedly neutral in its orientation, this book strives to promote constructive solutions as well as public awareness.

Land Rights and Expropriation in Ethiopia

Author : Daniel W. Ambaye
Publisher : Springer
ISBN 13 : 3319146394
Total Pages : 289 pages
Book Rating : 4.3/5 (191 download)

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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.

The Legitimate Justification of Expropriation

Author : Björn Hoops
Publisher :
ISBN 13 : 9781485120902
Total Pages : 687 pages
Book Rating : 4.1/5 (29 download)

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Book Synopsis The Legitimate Justification of Expropriation by : Björn Hoops

Download or read book The Legitimate Justification of Expropriation written by Björn Hoops and published by . This book was released on 2017 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Investment Law and Water Resources Management

Author : Ana Maria Daza-Clark
Publisher : BRILL
ISBN 13 : 9004335307
Total Pages : 260 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis International Investment Law and Water Resources Management by : Ana Maria Daza-Clark

Download or read book International Investment Law and Water Resources Management written by Ana Maria Daza-Clark and published by BRILL. This book was released on 2016-11-21 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hydrological variability, increasing competition for water, and the need for regulatory flexibility may increasingly compel governments to adopt measures with significant economic impact on foreign investment. In International Investment Law and Water Resources Management, Daza-Clark offers an appraisal of indirect expropriation, revisiting the well-known doctrine of the police power. Through the lens of international investment law, the author explores a framework that assesses the legitimate exercise of police power with particular attention to the special nature of water resources.

Rural Land Takings Law in Modern China

Author : Chun Peng
Publisher : Cambridge University Press
ISBN 13 : 1108126057
Total Pages : 353 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Rural Land Takings Law in Modern China by : Chun Peng

Download or read book Rural Land Takings Law in Modern China written by Chun Peng and published by Cambridge University Press. This book was released on 2018-04-19 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most pressing issues in contemporary China is the massive rural land takings that have taken place at a scale unprecedented in human history. Expropriation of land has dispossessed and displaced millions for several decades, despite the protection of property rights in the Chinese constitution. Combining meticulous doctrinal analysis with in-depth historical investigation, Chun Peng tracks the origin and evolution of China's rural land takings law over the twentieth century and demonstrates an enduring tradition of land takings for state-led social transformation, under which the takings law is designed to be power-confirming. With changed socio-political circumstances and a new rights-respecting constitutional agenda, a rebalance of the law is now underway, but only within existing parameters. Peng provides a piercing analysis of how land has been used by the largest developing country in the world to develop itself, at what costs and where the future might be.

Expropriation in Investment Treaty Arbitration

Author : Johanne M. Cox
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.