Expropriation And Environmental Regulation
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The Takings Issue
| Author | : Robert Meltz |
| Publisher | : Island Press |
| Total Pages | : 626 |
| Release | : 1998-12 |
| Genre | : Law |
| ISBN | : 9781597263283 |
As challenges to land use and environmental controls by landowners and the property-rights movement have become more frequent, the concept of "takings" -- government action that excessively limits a property-owner's use of private land -- has become both increasingly familiar to the public, and increasingly problematic for planners, local officials, and anyone involved with making day-to-day decisions about land use. A vast and diverse body of case law has come into existence over the past several decades, and the controversy generated by recent legal decisions has resulted in a significant level of ideological bias in much of what has been written on the topic.This volume is an objective and authoritative examination that considers all aspects of the takings issue. It is a much-needed guide and overview that introduces and explains issues surrounding regulatory takings on the local, state, and federal level for anyone involved with private land and government limitation of its permissible use. The authors describe where the law is now, predict where it might go in the future, and review conflict-reducing solutions to a variety of situations. They condense an immense amount of information into a clear and accesible format, making the book equally valuable for lawyers and non-lawyers alike.The Takings Issue addresses procedural hurdles involved in getting a takings issue heard by a court, examines what does and does not constitute a taking, and considers the remedies available to landowners involved in takings actions. It treats concerns such as zoning, dedications and exactions, subdivision platting, and other local issues in some detail, and also considers state and federal issues involving industrial site approval, endangered species and wetlands protection, restrictions on access to resources on federal lands, and other topics.The book is an essential reference for planners, land use lawyers, developers, and students of planning and law, as well as for policymakers and citizens involved with takings issues.
The Expropriation of Environmental Governance
| Author | : Kyla Tienhaara |
| Publisher | : Cambridge University Press |
| Total Pages | : 340 |
| Release | : 2009-11-12 |
| Genre | : Law |
| ISBN | : 9780521114875 |
Recent years have seen an explosive increase in investor-state disputes resolved in international arbitration. This is significant not only in terms of the number of disputes that have arisen and the number of states that have been involved, but also in terms of the novel types of dispute that have emerged. Traditionally, investor-state disputes resulted from straightforward incidences of nationalisation or breach of contract. In contrast, modern disputes frequently revolve around government measures taken to further public policy goals, such as the protection of the environment. This book explores the outcomes of several investor-state disputes over environmental policy. In addition to examining the pleadings of parties and decisions of arbitral tribunals in disputes that have been resolved in arbitration, the influence that investment arbitration has had in negotiated outcomes to conflicts is also explored.
Property Rights
| Author | : Nancie G. Marzulla |
| Publisher | : |
| Total Pages | : 356 |
| Release | : 1997 |
| Genre | : Business & Economics |
| ISBN | : |
Written in non-legalese, this book defines, in detail, government takings and explains the laws, regulations, state issues, litigation disputes, and compensations involved. Landowners, developers, lenders, contractors, government regulators, and activists in both the environmental and property rights movements will enjoy the comprehensiveness of this book.
Pollution and Property
| Author | : Daniel H. Cole |
| Publisher | : Cambridge University Press |
| Total Pages | : 234 |
| Release | : 2002-07-18 |
| Genre | : Law |
| ISBN | : 9780521001090 |
Environmental protection and resource conservation depend on the imposition of property rights (broadly defined) because in the absence of some property system - private, common, or public - resource degradation and depletion are inevitable. But there is no universal, first-best property regime for environmental protection in this second-best world. Using case studies and examples taken from countries around the world, this 2002 book demonstrates that the choice of ownership institution is contingent upon institutional, technological, and ecological circumstances that determine the differential costs of instituting, implementing, and maintaining alternative regimes. Consequently, environmental protection is likely to be more effective and more efficient in a society that relies on multiple (and often mixed) property regimes. The book concludes with an assessment of the important contemporary issue of 'takings', which arise when different property regimes collide.
Foreign Investment and the Environment in International Law
| Author | : Jorge E. Viñuales |
| Publisher | : Cambridge University Press |
| Total Pages | : 479 |
| Release | : 2012-09-13 |
| Genre | : Law |
| ISBN | : 1107006384 |
Provides academics and practitioners with a detailed analysis of the interface between foreign investment and environmental law.
International Protection of Investments
| Author | : August Reinisch |
| Publisher | : Cambridge University Press |
| Total Pages | : 1633 |
| 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.
New Ground
| Author | : John R. Nolon |
| Publisher | : Agreka Books |
| Total Pages | : 454 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : 9781585760480 |
New Ground: The Advent of Local Environmental Law presents a collection of papers examining local environmental law and its strategic role in shaping an appropriate response to a new generation of environmental and land use challenges. Contributors are distinguished scholars and practitioners who have written casebooks and articles on land use and environmental law, served in federal, state, and local administrations or national bar and planning association committees, or prepared national treatises on the subject.
Regulatory Takings and Environmental Regulation in Nafta's Chapter 11
| Author | : Emma Aisbett |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : |
| ISBN | : |
NAFTA's investment treaty has led to several expropriation compensation claims from investors hurt by new environmental regulations. Expropriation clauses in international treaties solve post-investment moral hazard problems such as hold-ups. However, these clauses can interact with National Treatment clauses in a manner that hinders investment. A police powers carve-out from the definition of expropriation can be Pareto-improving and can increase the level of foreign investment.
Rethinking Expropriation Law IV
| Author | : Magdalena Habdas |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2024-03-20 |
| Genre | : Law |
| ISBN | : 9789047302100 |
The latest IPCC report makes it abundantly clear that we are failing to reach the target of limiting global warming to 1.5°C compared to the pre-industrial era. If we are to reach this target, we need to take measures to reduce the emission of greenhouse gases, to move away from fossil fuels as energy sources and to adopt renewable energy sources. Particularly high-income countries need to reduce consumption and the exploitation of nature. Enforcement is in order when incentives such as subsidies are not sufficiently effective. To explore and reflect on the scope for state action that limits or expropriates property for climate protection, we gathered a group of scholars from around the world at the 2022 conference 'Takings for Climate Justice and Resilience', hosted by the University of Groningen. We sought to address the scope for States to expropriate property for renewable energy projects, to prohibit harmful activities on land, and to compel owners to refurbish their buildings. This fourth book in the Rethinking Expropriation Law series of the Expert Group on Expropriation Law (www.expropriation.info) contains fourteen double-blind peer-reviewed contributions based upon presentations given at the aforementioned conference. This book aims to contribute to the legal debate on how to better protect our climate, intended for academics, practitioners, policymakers and politicians. The series Vastgoed, Omgeving & Recht (Property, Environment & Law) focuses on exchange of knowledge and discussion between theory and practice in the field of real estate, environment and law in the broadest sense. Monographs, theses, conference bundles and comments are part of the series. This series is part of the book series published by the Nederlands Institute for Law and Governance (NILG). The Nederlands Institute for Law and Governance (NILG) is a joint venture between the faculties of law at the VU University Amsterdam, the University of Groningen and other research institutions to improve research in the field of Law and Governance. The NILG's research theme is the interaction between the regulation of public and private interests in law and the way in which these interests are being regulated.
