Stealth Confiscation

Stealth Confiscation
Author: Mark Milke
Publisher:
Total Pages: 92
Release: 2012
Genre: Eminent domain
ISBN: 9780889752566

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.

International Protection of Investments

International Protection of Investments
Author: August Reinisch
Publisher: Cambridge University Press
Total Pages: 1662
Release: 2020-07-16
Genre: Law
ISBN: 1108882706

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.

A Review of Confiscation Schemes in Australia [electronic Resource]

A Review of Confiscation Schemes in Australia [electronic Resource]
Author: Lorana Bartels
Publisher:
Total Pages: 30
Release: 2010
Genre: Social Science
ISBN: 9781921532528

Confiscation of illegally obtained proceeds of crime is a key strategy for disrupting criminal activity, especially serious and organised crime. This paper sets out the background to confiscation schemes, recent and future developments in the area as well as the regimes currently in place in each Australian jurisdiction.

"Aryanisation" in Hamburg

Author: Frank Bajohr
Publisher: Berghahn Books
Total Pages: 356
Release: 2002
Genre: Antisemitism
ISBN: 9781571814852

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.

General Principles of Law and International Investment Arbitration

General Principles of Law and International Investment Arbitration
Author: Andrea Gattini
Publisher: BRILL
Total Pages: 475
Release: 2018-05-29
Genre: Law
ISBN: 9004368388

General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.

Financial Penalties in the Roman Republic

Financial Penalties in the Roman Republic
Author: Sofia Piacentin
Publisher: Mnemosyne, Supplements
Total Pages: 0
Release: 2021
Genre: History
ISBN: 9789004498662

"Private property in Rome effectively measures the suitability of each individual to serve in the army and to compete in the political arena. What happens then, when a Roman citizen is deprived of his property? Financial penalties played a crucial role in either discouraging or effectively punishing wrongdoers. This book offers the first coherent discussion of confiscations and fines in the Roman Republic by exploring the political, social, and economic impact of these punishments on private wealth"--

The International Law of Belligerent Occupation

The International Law of Belligerent Occupation
Author: Yoram Dinstein
Publisher: Cambridge University Press
Total Pages: 336
Release: 2009-02-19
Genre: History
ISBN: 0521896371

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.

Theft Is Property!

Theft Is Property!
Author: Robert Nichols
Publisher: Duke University Press
Total Pages: 160
Release: 2019-12-20
Genre: Social Science
ISBN: 1478007508

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.