The Public Purpose Requirement In The Calculation Of Just And Equitable Compensation PDF Download
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Author | : Elmien Wilhelmina J. du Plessis |
Publisher | : |
Total Pages | : 20 |
Release | : 2014 |
Genre | : |
ISBN | : |
Download The Public Purpose Requirement in the Calculation of Just and Equitable Compensation Book in PDF, ePub and Kindle
The South Africa Constitution requires that the amount of compensation must reflect an equitable balance between the public interest and the interests of those affected. This balance must be established with reference to the relevant circumstances, including, but not restricted to, the list of factors in section 25(3). Section 25(3)(e) requires the court to have regard to the purpose of the expropriation. It is not clear whether this means that if land is expropriated for land reform purposes the owner can be expected to accept a lower price than where property is expropriated for non-land reform public purposes, or whether it merely confirms the reformist agenda of section 25. The purpose of the expropriation in section 25(3)(e) is complimented by section 25(4), which states that public interest include the nation's commitment to land reform. This paper will consider the possible impact of the public purpose factor in determining compensation for expropriation.
Author | : Olaf Zenker |
Publisher | : Cambridge University Press |
Total Pages | : 337 |
Release | : 2024-04-30 |
Genre | : Law |
ISBN | : 100938077X |
Download Beyond Expropriation Without Compensation Book in PDF, ePub and Kindle
Experts on property law, land reform and social justice debate constitutional change and future of redistributive justice in South Africa.
Author | : Julius L. Sackman |
Publisher | : |
Total Pages | : 1084 |
Release | : 2006 |
Genre | : Eminent domain |
ISBN | : |
Download Nichols on Eminent Domain Book in PDF, ePub and Kindle
Author | : Pedro J. Martinez-Fraga |
Publisher | : Cambridge University Press |
Total Pages | : 471 |
Release | : 2015-02-19 |
Genre | : Law |
ISBN | : 1316272699 |
Download Public Purpose in International Law Book in PDF, ePub and Kindle
This text explores how the public purpose doctrine reconciles the often conflicting, but equally binding, obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. The work examines the multiple permutations and iterations of the public purpose doctrine and concludes that this principle needs to be reconceptualized to meet the imperatives of economic globalization and of a new paradigm of sovereignty that is based on the interdependence, and not independence, of states. It contends that the historical expression of the public purpose doctrine in customary and conventional international law is fraught with fundamental flaws that, if not corrected, will give rise to disparities in the relationship between investors and states, asymmetries with respect to industrialized nations and developing states, and, ultimately, process legitimacy concerns.
Author | : United Nations Conference on Trade and Development |
Publisher | : |
Total Pages | : 94 |
Release | : 2000 |
Genre | : Law |
ISBN | : |
Download Taking of Property Book in PDF, ePub and Kindle
Examination of the concept of "takings" in the context of international law and international investment agreements. It is an analysis of the law relating to the takings of foreign property by host countries and of the clauses International Investment Agreements' seeking to provide protection against such takings. It deals with the development of the law and considers both what possible protection against governmental interference can be given by international instruments and under what conditions and in which manner a State retains, under international law, the freedom to take action that may affect foreign property in the interests of its economic development.
Author | : August Reinisch |
Publisher | : Cambridge University Press |
Total Pages | : 1633 |
Release | : 2020-07-16 |
Genre | : Law |
ISBN | : 1108882706 |
Download International Protection of Investments Book in PDF, ePub and Kindle
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 | : Steven Shavell |
Publisher | : Harvard University Press |
Total Pages | : 760 |
Release | : 2009-07-01 |
Genre | : Law |
ISBN | : 0674043499 |
Download Foundations of Economic Analysis of Law Book in PDF, ePub and Kindle
What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.
Author | : Bruce Ackerman |
Publisher | : Yale University Press |
Total Pages | : 315 |
Release | : 2008-10-01 |
Genre | : Law |
ISBN | : 0300158068 |
Download Private Property and the Constitution Book in PDF, ePub and Kindle
The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types--Scientific Policymaking and Ordinary Observing--and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis. He concludes by exploring the large implications of such a choice--relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.
Author | : Academie De Droit International de la Haye |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 468 |
Release | : 1998-09-29 |
Genre | : Law |
ISBN | : 9789041111111 |
Download Enforcing international law throught non-forcible measures Book in PDF, ePub and Kindle
1. Use of force.
Author | : James W. Ely |
Publisher | : Oxford University Press |
Total Pages | : 239 |
Release | : 2008 |
Genre | : History |
ISBN | : 0195323327 |
Download The Guardian of Every Other Right Book in PDF, ePub and Kindle
This book considers the interplay of law, ideology, politics and economic change in shaping constitutional thought, and provides a historical perspective on the contemporary debate about property rights. The third edition has been completely revised and updated.