Confiscation Or Expropriation?
Author | : Standard Oil Company |
Publisher | : |
Total Pages | : 136 |
Release | : 1940 |
Genre | : Eminent domain |
ISBN | : |
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Author | : Standard Oil Company |
Publisher | : |
Total Pages | : 136 |
Release | : 1940 |
Genre | : Eminent domain |
ISBN | : |
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.
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.
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.
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.
Author | : Ugur Ungor |
Publisher | : A&C Black |
Total Pages | : 244 |
Release | : 2011-08-11 |
Genre | : History |
ISBN | : 1441135782 |
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.
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.
Author | : Daniel W. Ambaye |
Publisher | : Springer |
Total Pages | : 289 |
Release | : 2015-02-13 |
Genre | : Political Science |
ISBN | : 3319146394 |
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.
Author | : Nicholas Mulder |
Publisher | : Yale University Press |
Total Pages | : 449 |
Release | : 2022 |
Genre | : BUSINESS & ECONOMICS |
ISBN | : 0300259360 |
Tracing the history of economic sanctions from the blockades of World War I to the policing of colonial empires and the interwar confrontation with fascism, Nicholas Mulder combines political, economic, legal, and military history to reveal how a coercive wartime tool was adopted as an instrument of peacekeeping by the League of Nations.This timely study casts an overdue light on why sanctions are widely considered a form of war, and why their unintended consequences are so tremendous.