Expropriation In Public International Law

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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 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.

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.

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.

International Investment Law And Legal Theory

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Author : Jörg Kammerhofer
language : en
Publisher: Cambridge University Press
Release Date : 2021-05-06

International Investment Law And Legal Theory written by Jörg Kammerhofer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-06 with Law categories.

A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.

International Protection Of Investments

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Author : August Reinisch
language : en
Publisher: Cambridge University Press
Release Date : 2020-06-30

International Protection Of Investments written by August Reinisch and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-30 with Law categories.

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.

International Investment Law And Water Resources Management

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Author : Ana Maria Daza-Clark
language : en
Publisher: BRILL
Release Date : 2016-12-01

International Investment Law And Water Resources Management written by Ana Maria Daza-Clark and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-01 with Law categories.

In International Investment Law and Water Resources Management, Daza-Clark offers an appraisal of indirect expropriation, including an analysis of the doctrine of police power.

International Interplay

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Author : Riddhi Dasgupta
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2014-09-26

International Interplay written by Riddhi Dasgupta and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-26 with Law categories.

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.

Confiscation In Private International Law

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Author : Pieter Adriaanse
language : en
Publisher: Springer
Release Date : 2013-11-11

Confiscation In Private International Law written by Pieter Adriaanse and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-11 with Law categories.

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.

Nationalization Of Foreign Property In International Law

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Author : Renato Ribeiro
language : en
Publisher:
Release Date : 1977

Nationalization Of Foreign Property In International Law written by Renato Ribeiro and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Alien property categories.