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Author: Mark Milke Publisher: ISBN: 9780889752566 Category : Eminent domain Languages : en Pages : 92
Book Description
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: Mark Milke Publisher: ISBN: 9780889752566 Category : Eminent domain Languages : en Pages : 92
Book Description
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 ISBN: 1108882706 Category : Law Languages : en Pages : 1633
Book Description
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: Sofia Piacentin Publisher: Mnemosyne, Supplements ISBN: 9789004498662 Category : History Languages : en Pages : 0
Book Description
"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"--
Author: Frank Bajohr Publisher: Berghahn Books ISBN: 9781571814852 Category : Antisemitism Languages : en Pages : 356
Book Description
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: ISBN: 9781921532528 Category : Social Science Languages : en Pages : 30
Book Description
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: Robert Nichols Publisher: Duke University Press ISBN: 1478007508 Category : Social Science Languages : en Pages : 154
Book Description
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 ISBN: 3319146394 Category : Political Science Languages : en Pages : 289
Book Description
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: Andrea Gattini Publisher: BRILL ISBN: 9004368388 Category : Law Languages : en Pages : 475
Book Description
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.
Author: Mark Milke
Author: Mark Milke
Author: August Reinisch
Author: Sofia Piacentin
Author: Frank Bajohr![A Review of Confiscation Schemes in Australia [electronic Resource] PDF](https://books.google.com/books/content/images/frontcover/7QTqSAAACAAJ?fife=w80-h100)
Author: Lorana Bartels
Author: Christopher Gustavus Tiedeman
Author: Robert Nichols
Author: Ugur Ungor
Author: Daniel W. Ambaye
Author: Andrea Gattini