Beyond Expropriation Without Compensation PDF Download

Author: Olaf Zenker
Publisher:
ISBN: 9781009380799
Category : Compensation (Law)
Languages : en
Pages : 0

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Book Description
"This book will appeal to scholars, students, policymakers and readers interested in the contribution of land reform and constitutional law to redistributive justice. An interdisciplinary team of experts, united in their commitment to redistributive justice, explore the complexity of issues in critical, constructive and creative ways"--

Author: Olaf Zenker
Publisher: Cambridge University Press
ISBN: 100938080X
Category : Law
Languages : en
Pages : 337

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Book Description
Speeding up land reform through a constitutional amendment that would explicitly permit the expropriation of land without compensation has dominated legal and political-policy debates in South Africa in recent years. Taking this politically and emotionally charged issue as its starting point, this volume offers both expert commentary on this issue from a variety of disciplinary perspectives and also fresh ideas on how to advance the redistributive transformation that South Africa so urgently needs. It brings critically important debates around transformative property law, the need for diversified land justice and the possibilities of alternative forms of redistribution into productive conversation with each other. While grounded in the complex realities of South Africa's past and present, the volume speaks to concerns that resonate in many contexts in the Global South and beyond. It will appeal to scholars, students, policymakers and general readers concerned with both the theory and practice of redistributive justice. This title is also available as Open Access on Cambridge Core.

Author: Tembeka Ngcukaitobi
Publisher: Penguin Random House South Africa
ISBN: 1776095979
Category : Political Science
Languages : en
Pages : 328

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Book Description
Why has land reform been such a failure in South Africa? Will expropriation without compensation solve the problem? What can be done to get the land programme back on track? In Land Matters, Tembeka Ngcukaitobi tackles the past, present and future of the land question in South Africa. Going back in history, he shows how Africans’ communal systems of landownership were used by colonial rulers to deny that Africans owned the land at all. He explores the effects of the Land Acts, Bantustans and forced removals. And he evaluates the ANC’s policies on land throughout the struggle years, during the negotiations of the 1990s, and in government. Land Matters unpacks the government’s achievements and failures in land redistribution, restitution and tenure reform, and makes suggestions for what needs to be done in future. The book also explores the power of chiefs, the tension between communal landownership and the desire for private title, the failure of the willing-seller, willing-buyer approach, women and land reform, the role of banks, and the debates around amending the Constitution. Steering clear of the simplistic and polarising terms of the land debate, Ngcukaitobi argues for a return to the nuanced constitutional requirements of justice and equity in South Africa’s land policy. Thoughtful and provocative, Land Matters sheds light on one of the most topical, complex and urgent issues in South Africa today.

Author: August Reinisch
Publisher: Cambridge University Press
ISBN: 1108882706
Category : Law
Languages : en
Pages : 1633

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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: Lungisile Ntsebeza
Publisher: HSRC Press
ISBN: 9780796921635
Category : History
Languages : en
Pages : 268

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Author: Andrea Gattini
Publisher: BRILL
ISBN: 9004368388
Category : Law
Languages : en
Pages : 475

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Book Description
In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.

Author: Charles Nelson Brower
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041106278
Category : Law
Languages : en
Pages : 958

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Book Description
The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.

Author: Henry Kissinger
Publisher:
ISBN:
Category :
Languages : en
Pages : 20

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Author: Sebastián López Escarcena
Publisher: Edward Elgar Publishing
ISBN: 1782544119
Category : Law
Languages : en
Pages : 296

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Book Description
When does a state measure become subject to compensation as an indirect expropriation under international law? The author examines claims of indirect takings from such fora as the Iran-United States Claims Tribunal, the European Court of Human Rights, and arbitral panels in investment treaty arbitrations.

Author: League of Nations
Publisher:
ISBN:
Category : International cooperation
Languages : en
Pages : 872

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Book Description
Included are the Minutes (or Procès-verbal) of the Council from its first meeting, Paris, January 16, 1920, to the session, ; the budget for the 3d- financial period (1921- ) in 1920, no. 7, 1921, no. 9, 1923- no. 1 of each year; statements of the "Present situations as regards international engagements registered with the Secretariat"; Saar Basin, periodical and other reports and papers; reports on the financial reconstruction of Austria, and of Hungary; and many other reports and papers.