Expropriation

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Indirect Expropriation In International Law

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Author : Sebastián López Escarcena
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-02-28

Indirect Expropriation In International Law written by Sebastián López Escarcena and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-28 with Law categories.

When does a state measure become subject to compensation as an indirect expropriation under international law? The author examines claims of indirect takings from such fora as the Iran-United States Claims Tribunal, the European Court of Human Rights, and arbitral panels in investment treaty arbitrations.

Expropriation In Public International Law

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Author : Ben Atkinson Wortley
language : en
Publisher:
Release Date : 1977

Expropriation In Public International Law written by Ben Atkinson Wortley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Law categories.

Expropriation In Central America And Panama

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Author : Robert C. Casad
language : en
Publisher:
Release Date : 1975

Expropriation In Central America And Panama written by Robert C. Casad and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1975 with History categories.

Private property & expropriation from a Latin American perspective.

Expropriation In International Law

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Author : Samy Friedman
language : en
Publisher: Greenwood
Release Date : 1981

Expropriation In International Law written by Samy Friedman and has been published by Greenwood this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Language Arts & Disciplines categories.

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.

Before Eminent Domain

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Author : Susan Reynolds
language : en
Publisher: Univ of North Carolina Press
Release Date : 2010-03-01

Before Eminent Domain written by Susan Reynolds and has been published by Univ of North Carolina Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-01 with Law categories.

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 institution of private property. Before Eminent Domain concentrates on western Europe and the English colonies in America. As Reynolds argues, expropriation was a common legal practice in many societies in which individuals had rights to land. It was generally accepted that land could be taken from them, with compensation, when the community, however defined, needed it. She cites examples of the practice since the early Middle Ages in England, France, Germany, Italy, and Spain, and from the seventeenth century in America. Reynolds concludes with a discussion of past and present ideas and assumptions about community, individual rights, and individual property that underlie the practice of expropriation but have been largely ignored by historians of both political and legal thought.

Expropriation In The Americas

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Author : Andreas F. Lowenfeld
language : en
Publisher: Dunellen Publishing Company
Release Date : 1971

Expropriation In The Americas written by Andreas F. Lowenfeld and has been published by Dunellen Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Law categories.

Expropriation

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Author : United Nations Conference on Trade and Development
language : en
Publisher:
Release Date : 2012

Expropriation written by United Nations Conference on Trade and Development and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Eminent domain categories.

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.

Expropriation Of American Owned Property By Foreign Governments In The Twentieth Century Report Prepared By The Legislative Reference Service Library Of Congress For The Committee On Foreign Affairs Committee Print 88 1 July 19 1963

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Author : United States. Congress. House. Foreign Affairs
language : en
Publisher:
Release Date : 1963

Expropriation Of American Owned Property By Foreign Governments In The Twentieth Century Report Prepared By The Legislative Reference Service Library Of Congress For The Committee On Foreign Affairs Committee Print 88 1 July 19 1963 written by United States. Congress. House. Foreign Affairs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with categories.

Land Expropriation In Israel

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Author : Yifat Holzman-Gazit
language : en
Publisher: Routledge
Release Date : 2016-04-22

Land Expropriation In Israel written by Yifat Holzman-Gazit and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.

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.

The International Law Of Expropriation As Reflected In The Work Of The Iran U S Claims Tribunal

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Author : Allahyar Mouri
language : en
Publisher: BRILL
Release Date : 2023-07-24

The International Law Of Expropriation As Reflected In The Work Of The Iran U S Claims Tribunal written by Allahyar Mouri and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Law categories.

This book deals with expropriation and other measures affecting property rights as set out in the awards of the Iran-U.S. Claims Tribunal, and thus examines the relation between general international law and the lex specialis, viz., the provisions of the Algiers Declarations and the Treaty of Amity between the Governments of Iran and the United States. It studies what rights have been considered as property rights capable of being independently expropriated or affected by other measures, and what rights have not been so qualified, although they might have been considered as forming an element of valuation. Furthermore, the liability and attributability issues are discussed, as are the methods of compensation and of valuation.