New Law of Expropriation
Author | : John A. Coates |
Publisher | : Don Mills, Ont. : R. De Boo |
Total Pages | : 978 |
Release | : 1984 |
Genre | : Law |
ISBN | : |
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Author | : John A. Coates |
Publisher | : Don Mills, Ont. : R. De Boo |
Total Pages | : 978 |
Release | : 1984 |
Genre | : Law |
ISBN | : |
Author | : Aniruddha Rajput |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 250 |
Release | : 2018-12-20 |
Genre | : Law |
ISBN | : 9403506253 |
Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years States have been trying to clarify the relationship between regulatory freedom (also known as 'police powers') and indirect expropriation by revising provisions on indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals. The nature of regulatory freedom in international law has been explained on the bases of jurisprudence of international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organisation (WTO), European Court of Human Rights. While showing how cases involving standoff between regulatory freedom and indirect expropriation can be resolved in practice, the book goes on to present a conceptual framework for interpreting the nuances of this relationship. The book provides a detailed responses to the following complex questions: • To what extent do states retain regulatory freedom after entering into investment treaties? • What is the scope of regulatory freedom in general public international law? • What are the elements of regulatory freedom and standard of review? • How to draw a dividing line between regulatory freedom and indirect expropriation? • Whether the sole effects doctrine or the police powers is the appropriate method for distinguishing between regulatory freedom and indirect expropriation? While addressing these questions, the author analyses different theoretical approaches that reflect upon the relationship between regulatory freedom and indirect expropriation and how far they assist in understanding these potentially overlapping concepts; their relationship with each other; and the method for distinguishing between them. Given the dense network of around three thousand bilateral investment treaties (BITs) that impose an obligation to protect foreign investments in a State, this book will help practitioners identify, through analysis of cases from diverse fields, how a situation may be categorized either as regulatory freedom or as indirect expropriation. The analysis will also be of value to government officials and lawyers involved in negotiating and re-negotiating investment treaties, and to arbitrators who have to decide these issues. Scholars will welcome the book's keen insight into the contentious relationship between a customary international law norm and a treaty norm.
Author | : John A. Coates |
Publisher | : |
Total Pages | : |
Release | : 2003 |
Genre | : |
ISBN | : |
Author | : John A. Coates |
Publisher | : Scarborough, Ont. : Carswell |
Total Pages | : |
Release | : 1995-01-01 |
Genre | : Compensation (Law) |
ISBN | : 9780459559700 |
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.
Author | : John A. Coates |
Publisher | : S Carwin & Sons Limited |
Total Pages | : 466 |
Release | : 1995 |
Genre | : Law |
ISBN | : 9780459559717 |
Author | : Eric C. E. Todd |
Publisher | : |
Total Pages | : 482 |
Release | : 1976 |
Genre | : Law |
ISBN | : |
Author | : Yifat Holzman-Gazit |
Publisher | : Routledge |
Total Pages | : 213 |
Release | : 2016-04-22 |
Genre | : Law |
ISBN | : 131710837X |
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.
Author | : Taylor & Francis Group |
Publisher | : Routledge |
Total Pages | : 480 |
Release | : 2021-06-30 |
Genre | : Eminent domain |
ISBN | : 9781032094687 |
The Routledge Handbook of Contemporary Issues in Expropriation reviews the contemporary major issues involving expropriation (eminent domain/compulsory purchase) in an international context. Expropriation is a right reserved to all governments, and, thus, it has an impact on all societies. This book, the first of its kind, considers the essential issues from the point of view of both developing and developed countries, and their needs for major infrastructure projects. The content covers major issues, principles and policies and includes the experiences of and examples from different countries and regions, including Australia, Asia, China, Europe, India and the USA. Rather than providing an in-depth examination of individual countries' legal systems, the book focuses on international issues, and also provides a reflection on how national experiences can be related to global needs. Key themes include: Nature and quantum of compensation - Land rights and the acquisition of traditional land rights - Issues surrounding 'public interest' -Alternatives to expropriation -The future: "good practice", debate and reform. This handbook is an essential resource for students and researchers in the areas of land policy, land law, property law and rights, and international development.
Author | : Andreas F. Lowenfeld |
Publisher | : Dunellen Publishing Company |
Total Pages | : 346 |
Release | : 1971 |
Genre | : Law |
ISBN | : |