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Confiscation Or Expropriation
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Book Synopsis Confiscation in Private International Law by : Pieter Adriaanse
Download or read book Confiscation in Private International Law written by Pieter Adriaanse and published by Springer. This book was released on 2013-11-11 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: was discussed by the Institut de Droit International at Siena 1 and recently, in 1954, it was the principal item of the meeting of the Netherlands Branch of the International Law Association 2. This study aims at contributing to the not too extensive literature on the subject. 11. BACKGROUND One cannot consider law and justice without considering at the same time the people whom they concern. And people again cannot be imagined without feelings, political and social views, and economic interests. The law could not exist without such a background. The history of various acts of confiscation in the twentieth century proves the enormous importance of the back ground underlying these problems. Russian confiscations are in the light of the Bolshevist doctrine only becoming intelligible of revolution; the M exicanization of the oil industry is in keeping with Mexican social development preceding it; the confiscations which took place in Germany under the Nazi regime must be understood as the outcome of a certain ideology; unfortunately confiscations due to operations in time of war are self-explana tory. A single school of thought governs each one alike: rights of individuals are considered of less and less importance. It was not by chance that the infringement of private property, notably in the great political upheavals, often went hand in hand with a dedining interest in the protection of the individual freedom. Where the state infringes the proprietary rights of individuals, it will even more readily do the same as regards personal freedom.
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.
Download or read book Confiscation Or Expropriation? written by and published by . This book was released on 1940 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Property Rights and Their Violations by : Luigi Lorenzetti
Download or read book Property Rights and Their Violations written by Luigi Lorenzetti and published by Peter Lang Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in the history of ownership rights is growing and spreading to different disciplines. Historians are turning their attention mainly to the rise of private and individual ownership as it was codified in 19th-century liberal Europe. In writing this history, however, their perspective has too often ignored the other side of the coin, namely the restrictions which the sovereign imposed on such rights, allegedly in the interest of the community. The papers collected in the present volume suggest that private property is not necessarily the most safeguarded legal model, hence it is not less vulnerable to violation. They construct a close analysis of the most common forms of abuse of private property on record - expropriation, seizure, and confiscation - perpetrated by public authorities. They also seek to define the uneasy, often intricate relation between legal and legitimate. In a perspective of lights and shadows, the role of confiscation and expropriation changes : now seen as powerful instruments of change, now as enduring factors of conservation in the evolution of private ownership rights. Les droits de propriété sont depuis longtemps au coeur de l'intérêt de diverses disciplines. L'attention des historiens s'est focalisée surtout sur la naissance de la propriété privée et individuelle telle qu'elle a été codifiée dans l'Europe libérale du XIXesiècle. Toutefois, son histoire a trop souvent négligé l'autre face de la médaille, à savoir les limites fixées à ce droit par le souverain au nom de l'intérêt de la collectivité. Les contributions figurant dans ce volume suggèrent que la propriété privée individuelle ne représente pas le modèle juridique le plus apte à la protéger face aux risques d'infraction. Au coeur des analyses il y a les formes historiques de la violation de la propriété privée - expropriations, saisies, confiscations - perpétrées par les autorités et le rapport, souvent complexe et ambigüe, entre les dimensions de la légalité et de la légitimité. Dans un jeu d'ombres et de lumières, les confiscations et les expropriations se dessinent à la fois comme de puissants instruments de changement et de tenaces facteur de conservation dans l'évolution des formes de propriété.
Book Synopsis Communist Theories on Confiscation and Expropriation by : Ignaz Seidl-Hohenveldern
Download or read book Communist Theories on Confiscation and Expropriation written by Ignaz Seidl-Hohenveldern and published by . This book was released on 1958 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Confiscation Or Expropriation? by : Standard Oil Company
Download or read book Confiscation Or Expropriation? written by Standard Oil Company and published by . This book was released on 1940 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Limits of Sovereignty by : Daniel W. Hamilton
Download or read book The Limits of Sovereignty written by Daniel W. Hamilton and published by ReadHowYouWant.com. This book was released on 2010-10-21 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thoug...
Book Synopsis Stealth Confiscation by : Mark Milke
Download or read book Stealth Confiscation written by Mark Milke and published by . This book was released on 2012 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Canada, the principle of compensation for expropriation of property is well-established. Tradition, well-established common law principles, laws (including much provincial legislation that requires compensation for expropriation) and court rulings that reinforce the same are available to property owners who face a threat of unusable (and therefore devalued) property. However, unlike expropriation, regulatory changes that restrict the use of property (and can affect its value) rarely result in compensation in Canada, in contract to other developed countries. In Canada, governments can and do restrict the use of property to such an extent that the action is akin to expropriation.
Book Synopsis Confiscation of El Teniente by : Kennecott Copper Corporation
Download or read book Confiscation of El Teniente written by Kennecott Copper Corporation and published by . This book was released on 1971 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Confiscation Or Expropriation? by : Standard Oil Company of New Jersey
Download or read book Confiscation Or Expropriation? written by Standard Oil Company of New Jersey and published by . This book was released on 1940 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 A Treatise on State and Federal Control of Persons and Property in the United States by : Christopher Gustavus Tiedeman
Download or read book A Treatise on State and Federal Control of Persons and Property in the United States written by Christopher Gustavus Tiedeman and published by . This book was released on 1900 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Theft Is Property! by : Robert Nichols
Download or read book Theft Is Property! written by Robert Nichols and published by Duke University Press. This book was released on 2019-12-20 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on Indigenous peoples' struggles against settler colonialism, Theft Is Property! reconstructs the concept of dispossession as a means of explaining how shifting configurations of law, property, race, and rights have functioned as modes of governance, both historically and in the present. Through close analysis of arguments by Indigenous scholars and activists from the nineteenth century to the present, Robert Nichols argues that dispossession has come to name a unique recursive process whereby systematic theft is the mechanism by which property relations are generated. In so doing, Nichols also brings long-standing debates in anarchist, Black radical, feminist, Marxist, and postcolonial thought into direct conversation with the frequently overlooked intellectual contributions of Indigenous peoples.
Book Synopsis "Aryanisation" in Hamburg by : Frank Bajohr
Download or read book "Aryanisation" in Hamburg written by Frank Bajohr and published by Berghahn Books. This book was released on 2002 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published to wide acclaim in its original edition, this book shows how many ordinary Germans became involved in what they saw as a legally sanctioned process of ridding Germany and Europe of their Jews.
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 The International Law of Belligerent Occupation by : Yoram Dinstein
Download or read book The International Law of Belligerent Occupation written by Yoram Dinstein and published by Cambridge University Press. This book was released on 2009-02-19 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the paradigmatic illustration is the Israeli occupation, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory? This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population.
Book Synopsis Confiscation and Destruction by : Ugur Ungor
Download or read book Confiscation and Destruction written by Ugur Ungor and published by A&C Black. This book was released on 2011-08-11 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
