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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (938 download)
Download or read book Rethinking Expropriation Law written by and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Magdalena Habdas
Publisher :
ISBN 13 : 9789047302100
Total Pages : 0 pages
Book Rating : 4.3/5 (21 download)
Download or read book Rethinking Expropriation Law IV written by Magdalena Habdas and published by . This book was released on 2024-03-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The latest IPCC report makes it abundantly clear that we are failing to reach the target of limiting global warming to 1.5°C compared to the pre-industrial era. If we are to reach this target, we need to take measures to reduce the emission of greenhouse gases, to move away from fossil fuels as energy sources and to adopt renewable energy sources. Particularly high-income countries need to reduce consumption and the exploitation of nature. Enforcement is in order when incentives such as subsidies are not sufficiently effective. To explore and reflect on the scope for state action that limits or expropriates property for climate protection, we gathered a group of scholars from around the world at the 2022 conference 'Takings for Climate Justice and Resilience', hosted by the University of Groningen. We sought to address the scope for States to expropriate property for renewable energy projects, to prohibit harmful activities on land, and to compel owners to refurbish their buildings. This fourth book in the Rethinking Expropriation Law series of the Expert Group on Expropriation Law (www.expropriation.info) contains fourteen double-blind peer-reviewed contributions based upon presentations given at the aforementioned conference. This book aims to contribute to the legal debate on how to better protect our climate, intended for academics, practitioners, policymakers and politicians. The series Vastgoed, Omgeving & Recht (Property, Environment & Law) focuses on exchange of knowledge and discussion between theory and practice in the field of real estate, environment and law in the broadest sense. Monographs, theses, conference bundles and comments are part of the series. This series is part of the book series published by the Nederlands Institute for Law and Governance (NILG). The Nederlands Institute for Law and Governance (NILG) is a joint venture between the faculties of law at the VU University Amsterdam, the University of Groningen and other research institutions to improve research in the field of Law and Governance. The NILG's research theme is the interaction between the regulation of public and private interests in law and the way in which these interests are being regulated.
Author : Alessio M. Pacces
Publisher : Routledge
ISBN 13 : 0415565197
Total Pages : 492 pages
Book Rating : 4.4/5 (155 download)
Download or read book Rethinking Corporate Governance written by Alessio M. Pacces and published by Routledge. This book was released on 2012 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a comparative law and economics approach to the study of corporate governance. It looks at the overall impact of corporate law on separation of ownership and control across different jurisdictions and in doing so reappraises the existing framework for economic analysis of corporate law.
Author : David Schneiderman
Publisher : Oxford University Press
ISBN 13 : 0192698788
Total Pages : 273 pages
Book Rating : 4.1/5 (926 download)
Download or read book Rethinking Investment Law written by David Schneiderman and published by Oxford University Press. This book was released on 2023-11-16 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more balanced vision of how international law can protect all those affected, not just foreign investors. An expert set of contributors explain both the conventional law and its limitations. Their analysis shows that doctrines, now widely entrenched, in orthodox accounts of investment law could have taken, and could still take, a different turn. They offer a more respectful approach to states' roles and responsibilities to enact laws in the public interest. This text will be an illuminating read for students and academics in areas such as investment law and international economic law. It provides cutting-edge analysis for researchers, practitioners, and students seeking to understand and question the usual standards of treatment under investment treaties.
Author : Olaf Zenker
Publisher : Cambridge University Press
ISBN 13 : 100938080X
Total Pages : 337 pages
Book Rating : 4.0/5 (93 download)
Download or read book Beyond Expropriation Without Compensation written by Olaf Zenker and published by Cambridge University Press. This book was released on 2024-04-04 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Speeding up land reform through a constitutional amendment that would explicitly permit the expropriation of land without compensation has dominated legal and political-policy debates in South Africa in recent years. Taking this politically and emotionally charged issue as its starting point, this volume offers both expert commentary on this issue from a variety of disciplinary perspectives and also fresh ideas on how to advance the redistributive transformation that South Africa so urgently needs. It brings critically important debates around transformative property law, the need for diversified land justice and the possibilities of alternative forms of redistribution into productive conversation with each other. While grounded in the complex realities of South Africa's past and present, the volume speaks to concerns that resonate in many contexts in the Global South and beyond. It will appeal to scholars, students, policymakers and general readers concerned with both the theory and practice of redistributive justice. This title is also available as Open Access on Cambridge Core.
Author : Rachael Walsh
Publisher : Cambridge University Press
ISBN 13 : 1108606431
Total Pages : 321 pages
Book Rating : 4.1/5 (86 download)
Download or read book Property Rights and Social Justice written by Rachael Walsh and published by Cambridge University Press. This book was released on 2021-06-10 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Rights and Social Justice analyses 'progressive property' in action by examining the role of constitutional property rights guarantees in mediating private ownership and social justice. It combines insights from property theory with enlightening doctrinal analysis of the interaction between property rights and social justice in the constitutional and broader legal context. It does so through the prism of the Irish Constitution's property guarantees, which uniquely in the English-speaking, common law world both protect property rights and requires their regulation by the State to secure social justice. Through this analysis, the book grounds key debates in contemporary property theory in fresh, illuminating doctrinal examples, and enhances global debates about the constitutional protection of property rights. It argues that primacy is perhaps inevitably afforded to political determinations about the appropriate mediation of property rights and social justice, meaning that the political impact of constitutionalisation needs to be disentangled from its strict legal effects.
Author : Martina Conticelli
Publisher : Oxford University Press
ISBN 13 : 0192637673
Total Pages : 401 pages
Book Rating : 4.1/5 (926 download)
Download or read book Procedural Requirements for Administrative Limits to Property Rights written by Martina Conticelli and published by Oxford University Press. This book was released on 2022-09-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a comparative survey spanning twelve legal systems and a transnational regime, the fourth volume in this series aims to shed light on the core of administrative activity that exemplifies the 'negative State'. Within the vast field of adjudication, the book addresses one of the most traditional sets of procedures, namely, the exercise of public powers affecting property rights. Following the method adopted in the CoCEAL project, this volume takes the fundamentals of expropriation in a given legal order as its starting point and examines various cases. The main requirements for property rights deprivations and restrictions are presented through national reports and discussed through hypotheticals, while the comparative analysis focuses on procedural propriety and fairness. This book is divided into three parts. The first part introduces the project and the topic. The second part covers the legal systems chosen for this study. The third goes on to present a synchronic comparison across systems, highlighting the relationship between shared and distinctive traits, with a view to the way supranational and international rules increasingly supplement municipal regimes. The concluding chapter discusses the current regime on public regulation of property in contemporary administrative systems.
Author : August Reinisch
Publisher : Cambridge University Press
ISBN 13 : 1108882706
Total Pages : 1633 pages
Book Rating : 4.1/5 (88 download)
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.
Author : Georgy Kantor
Publisher : Oxford University Press
ISBN 13 : 019254375X
Total Pages : 321 pages
Book Rating : 4.1/5 (925 download)
Download or read book Legalism written by Georgy Kantor and published by Oxford University Press. This book was released on 2017-12-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, ownership is defined as the simple fact of being able to describe something as 'mine' or 'yours', and property is distinguished as the discursive field which allows the articulation of attendant rights, relationships, and obligations. Property is often articulated through legalism as a way of thinking that appeals to rules and to generalizing concepts as a way of understanding, responding to, and managing the world around one. An Aristotelian perspective suggests that ownership is the natural state of things and a prerequisite of a true sense of self. An alternative perspective from legal theory puts law at the heart of the origins of property. However, both these points of view are problematic in a wider context, the latter because it rests heavily on Roman law. Anthropological and historical studies enable us to interrogate these assumptions. The articles here, ranging from Roman provinces to modern-day piracy in Somalia, address questions such as: How are legal property regimes intertwined with economic, moral-ethical, and political prerogatives? How far do the assumptions of the western philosophical tradition explain property and ownership in other societies? Is the 'bundle of rights' a useful way to think about property? How does legalism negotiate property relationships and interests between communities and individuals? How does the legalism of property respond to the temporalities and materialities of the objects owned? How are property regimes managed by states, and what kinds of conflicts are thus generated? Property and ownership cannot be reduced to natural rights, nor do they straightforwardly reflect power relations: the rules through which property is articulated tend to be conceptually subtle. As the fourth volume in the Legalism series, this collection draws on common themes that run throughout the first three volumes: Legalism: Anthropology and History, Legalism: Community and Justice, and Legalism: Rules and Categories consolidating them in a framework that suggests a new approach to legal concepts.
Author : William L. Partridge
Publisher : Rowman & Littlefield
ISBN 13 : 1793624038
Total Pages : 233 pages
Book Rating : 4.7/5 (936 download)
Download or read book Resettling Displaced Communities written by William L. Partridge and published by Rowman & Littlefield. This book was released on 2020-10-28 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global trends suggest that the number of people involuntarily displaced will increase exponentially in the coming decades. The authors argue that when the agency, time-tested adaptations, innovative capacities, dignity, and human rights of displaced people are respected as full participants in the rebuilding of their communities, livelihoods and standards of living, resettlement outcomes are more positive. The goal of resettlement must be the sustainable social, economic and human development of affected communities, requiring a praxis of ethical commitment to effective, actionable recommendations based on empirical observation. The authors draw on case examples from Asia, Africa and the Americas. This book will be of interest to resettlement specialists, planners, administrators, nongovernmental and civil society organizations, and scholars and students of anthropology, sociology, development studies, and social policy.
Author : Chris Bevan
Publisher : Edward Elgar Publishing
ISBN 13 : 1802202064
Total Pages : 553 pages
Book Rating : 4.8/5 (22 download)
Download or read book Research Handbook on Property, Law and Theory written by Chris Bevan and published by Edward Elgar Publishing. This book was released on 2024-08-06 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook interrogates and offers historical as well as contemporary understandings of property, property law and property theory. Chapters locate the role of property in key theoretical debates and examine propertyÕs place in significant social contexts, covering topics such as Indigenous property, artificial intelligence, cryptoassets, property and the art world, environmentalism and climate change.
Author : National Lawyers Guild. Committee on Native American Struggles
Publisher : New York : National Lawyers Guild, Committee on Native American Struggles
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.F/5 ( download)
Download or read book Rethinking Indian Law written by National Lawyers Guild. Committee on Native American Struggles and published by New York : National Lawyers Guild, Committee on Native American Struggles. This book was released on 1982 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Marc Bungenberg
Publisher : Hart Pub Limited
ISBN 13 : 9781849463638
Total Pages : 2000 pages
Book Rating : 4.4/5 (636 download)
Download or read book International Investment Law written by Marc Bungenberg and published by Hart Pub Limited. This book was released on 2014-11-30 with total page 2000 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is a subject of growing importance and complexity. Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.
Author : Michele Graziadei
Publisher : Edward Elgar Publishing
ISBN 13 : 1785369164
Total Pages : 515 pages
Book Rating : 4.7/5 (853 download)
Download or read book Comparative Property Law written by Michele Graziadei and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
Author : Ting Xu
Publisher : Bloomsbury Publishing
ISBN 13 : 1509901736
Total Pages : 352 pages
Book Rating : 4.5/5 (99 download)
Download or read book Property and Human Rights in a Global Context written by Ting Xu and published by Bloomsbury Publishing. This book was released on 2016-03-24 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property as a human rights concern is manifested through its incorporation in international instruments and as a subject of the law through property-related cases considered by international human rights organs. Yet, for the most part, the relationship between property and human rights has been discussed in rather superficial terms, lacking a clear substantive connection or common language. That said, the currents of globalisation have witnessed a new era of interrelation between these two areas of the law, including the emergence of international intellectual property law and the recognition of indigenous claims, which, in fundamental ways, speak to an engagement with human rights law. This collection starts the conversation between human rights lawyers and property lawyers and explores analytical approaches to the increasing relationship between property and human rights in a global context. The chapters engage with key theoretical and policy debates and range across three main themes: The re-evaluation of the public/private divide in the law; the tensions between the market and social justice in development and the balance between the rights of individuals and those of communities. The chapters adopt a global, comparative perspective and engage in case studies from countries including India, Philippines, Brazil, the United States, the United Kingdom and includes various regions of Africa and Europe.
Author : Randy K. Lippert
Publisher : UBC Press
ISBN 13 : 0774860383
Total Pages : 300 pages
Book Rating : 4.7/5 (748 download)
Download or read book Condo Conquest written by Randy K. Lippert and published by UBC Press. This book was released on 2019-01-15 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: When condominiums first emerged in North American cities in the 1960s, they were a new kind of housing governed by boards of resident owners volunteering in a community. Condo Conquest shows how the condo and its inner governance have since become something else entirely, taken over – or conquered – by an assemblage of commercial interests specializing in condo law, real estate, security, and property management, as well as growing numbers of non-resident investors. Drawing on the accounts of residents and board directors in Toronto and New York and myriad other sources, Randy Lippert reveals how a growing reliance on commodified technologies, emergent forms of knowledge, and the exploitation of renters are threatening the condo’s future and undermining the integrity of urban communities.
Author : Magdalena Habdas
Publisher : Taylor & Francis
ISBN 13 : 1000990192
Total Pages : 246 pages
Book Rating : 4.0/5 (9 download)
Download or read book Compensating Landowners in the Vicinity of Airports written by Magdalena Habdas and published by Taylor & Francis. This book was released on 2023-11-22 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to consider the neighbour conflict arising between airports and neighbouring owners of land, particularly with residential uses, as well as to assess the existing solutions applied to manage or resolve that conflict. The book explains why the neighbour conflict between the airport and landowners is of a particular kind and what legal instruments are applied to address it in an attempt to balance the interests of opposing parties. Readers will develop an understanding of how the law operates when damage is caused by a legal act of the government and what the limits of compensable loss are. In addition, the reader will discover the economic foundations of possible solutions and why not all market losses are legally compensable. Key features of this book include: a consideration of key legal concepts such as neighbour law, nuisance, protection of property, land use restrictions, liability, and compensation to inform a unique analysis of neighbour law in the context of conflict between airports and neighbouring landowners; practical guidance on an airport’s legal liability towards neighbouring landowners; a comparative analysis of airport’s liability, compensation claims, their scope and economic effects; a comparative overview of planning and environmental solutions applied in a variety of jurisdictions; a discussion of valuation methods and challenges when loss of property value is the measure of compensation. The Author’s intention is to promote conscious and civil relations among market participants, as opposed to opportunistic and speculative behaviour. This book is important reading for lawyers, academics, PhD students and postgraduate students dealing with land use regulations, environmental law, compulsory purchase, eminent domain and expropriation issues, compensation for property restrictions, as well as with aviation law and legal aspects of airport operations.
