Expropriation in public international law by B. A. Wortley

Cover of: Expropriation in public international law | B. A. Wortley

Published by Arno Press in New York .

Written in English

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Subjects:

  • Eminent domain (International law)

Edition Notes

Book details

StatementB. A. Wortley.
SeriesEuropean business, Cambridge studies in international and comparative law ;, 6.
Classifications
LC ClassificationsJX4263.P6 W6 1977
The Physical Object
Paginationxviii, 169 p. ;
Number of Pages169
ID Numbers
Open LibraryOL4896164M
ISBN 100405097506
LC Control Number76029992

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This two-part series is the result of a colloquium of an international expert group on expropriation law. In the first book, experts offer insights into the treatment of public purpose/interest-related issues as they are evolving at the national and international levels.

‘The precise circumstances in which a governmental measure amounts to an indirect expropriation requiring compensation remains one of the most controversial and important questions of contemporary international investment law.

This work provides a comprehensive assessment of how international law has responded to this problem, taking into account the jurisprudence from a range of. Recueil des Cours of the Academy of International Law at The Hague.

Rule 1. In order to acquire a title by expropriation, valid by international law, two conditions must be fulfilled: First Condition (A): The expropriating authority must be one duly recognised according to the rules of public international law. In that case, the majority found that the expropriation was unlawful because Venezuela did not approach negotiations with ConocoPhillips in good faith and it only offered book-value, rather than fair market value compensation for the assets (Decision on Jurisdiction and Merits dated 3 September ).

Expropriation is a right granted to States under international law; however this right does not guarantee States to abuse their power to unlawfully seize properties without following due process. Sebastián López Escarcena offers a comprehensive coverage of the history and main concepts of the international law of expropriation.

The interaction between human rights conventions and investment treaties are analysed from a global perspective, providing the reader with a unique insight into expropriation Expropriation in public international law book an international level. The rules of international law governing the expropriation of alien property have long been of central concern to foreigners in general and to foreign investors in particular.

Expropriation is the most severe form of interference with property. All expectations of the investor are destroyed if the investment is taken without adequate compensation. Investment Policy - Expropriation Laws and Review Processes. The laws that permit the confiscation of property and whether they expressly limit the conditions under which the government may expropriate private property for public purposes (e.g.

nationalisation) and whether legal standards exist for determining when an expropriation event has occurred. The expropriation of the foreign property was never prohibited under public international law provided if met certain conditions. For a long time, the question of the amount of compensation due in case of an expropriation overshadowed the legal debate.

PUBLIC INTERNATIONAL LAW 1. International law as law (legal basis.) 2. Sources. Relationship between International Law & Municipal Law. Codification, 4. History & development of the Law of Nations-Schools of Law- Positivists, Naturalists & Grotians.

Contributions of Grotius, Gentili & others. Additional Physical Format: Online version: Wortley, B.A. (Ben Atkinson), Expropriation in public international law.

New York: Arno Press,©   Public International Law text book pdf: Download Public International Law text book pdf for LLB 2nd year students. International law is the set of rules generally regarded and Expropriation in public international law book in relations between nations.

It serves as a framework for the practice of stable and organized international relations and you can also download Public International Law text book pdf for L.L.B.

Expropriations, in order to be legal, must be in the public interest, non-discriminatory, must take place under due process of law and against prompt adequate and effective compensation. Wortley, Expropriation in Public International Law.

Cambridge University Press, - Volume 6 Issue 4 - K. Until the 18th century, varying rules and standards applied to aliens in host States (History of International Law, Ancient Times to ; History of International Law, to ); progressively, however, protection was afforded to foreigners and their property, and in the 19th and at the beginning of the 20th century various treaties.

‘[This] book provides a comprehensive analysis of the intersections of foreign investment law and international environmental law. The treatment is balanced and well-reasoned.

The book fills an important lacuna in the literature.’ Edith Brown Weiss - Francis Cabell Brown Professor of International Law, Georgetown University.

Several of these concepts can be found in the international law of expropriation. Not only public purpose, non-discrimination, prompt, adequate and effective compensation, and due process, but also deprivation, police-powers, legitimate expectations and proportionality: all of them are open standards which merely orientate interpreters in a.

International Law of Expropriation dispute. Section III will consider the effect of two United Nations General Assembly Resolutions on the law of expropriation.

Sections IV and V attempt to extract a rule from an evaluation of treaty law, which is considered to be the primary means whereby international law is.

Expropriation in public international law. Cambridge [Eng.] University Press, (OCoLC) Online version: Wortley, B.A. (Ben Atkinson), Expropriation in public international law. Cambridge [Eng.] University Press, (OCoLC) Document Type: Book: All Authors / Contributors: B A Wortley.

The International Law Handbook was prepared by the Codification Division of the Office of Legal Affairs under the United Nations Programme of Assistance in the Teaching, Study, Dis- semination and Wider Appreciation of International Law, pursuant to General Assembly resolu.

The concept of expropriation under customary international law is defined in a way that does not include state action taken in the public interest (‘police powers’), including for public health.

In general, customary international law obligations are narrower (and therefore more favourable to host states) than treaty obligations. Sir William Wade mastered both land law and administrative law, so it is fitting that this tribute examines one important aspect of the intersection of these bodies of law; namely, the taking of private property for public purposes.

Different terminology is used in the United Kingdom and the United States to describe this area of law. In the United States it is called ‘eminent domain’, and. Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (as regards procedure).

However, in essence and function it deals with a special, internationalized form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by. Expropriation in the sense of an outright taking of private property by the state, usually involving a transfer of ownership rights to the state or to a third person, has been a major public international law issue throughout the twentieth century.

The Communist and Mexican nationalization measures in the s, followed by socializations of private property in Eastern European countries after. The International Executive.

Volume 2, Issue 4. Spotlight On Protecting Foreign Property Rights. Expropriation in public International law. Wortley. Professor of International Law, University of Manchester.

(Cambridge University Press, London, England) p. Summarized by permission. 3 Public Law Concepts to Balance Investors’ Rights with State Regulatory Actions in the Public Interest—the Concept of Proportionality; 4 The Concept of Indirect Expropriation in Comparative Public Law—Searching for Light in the Dark; 5 Fair and Equitable Treatment, the Rule of Law, and Comparative Public Law; 6 Full Protection and Security.

Brownlie's Principles of Public International Law has been shaping the study and application of international law for over 50 years. Serving as a single-volume introduction to the field as a whole, the book is one of the classic treatises on international law, now fully updated to order to take account of recent developments.

The body of legal rules governing interaction between sovereign States (Public International Law) and the rights and duties of the citizens of sovereign States towards the citizens of other sovereign states (Private International Law). international law - definitions VII. The body of law, which is composed for its greater part of the principles.

3 A Cassese, International Law in a Divided World (), 4 Cassese (), 5 The Universal Declaration has been considered by some to evidence customary international law.

See Tschofen (), See also Filartiga v. Peña-Irala, US Circuit Court of Appeals, 2nd Circuit, 30 June,Opinion by Circuit Judge Kaufman.

Available at. q EJIL * Durham University. 1 I. Brownlie, Principles of Public International Law(1st ed., ; 2nd ed., ; 3rd ed., ; 4th ed., ; 5th ed., ).

There are Russian, Japanese and Portuguese translations of some of the editions. For a full bibliography, see G.

Goodwin-Gill and S. Talmon (eds), The Reality of International Law: Essays in Honour of Ian Brownlie() xvii–xxi. Book Reviews. Capsule Reviews Review Essays Browse All Reviews More.

Articles with Audio Expropriation in Public International Law. Expropriation in Public International Law. By B. Wortley. pp, Cambridge University Press, Purchase. Get the Magazine. This book is the first of a series in which experts engage critically with identified aspects of expropriation law.

The internationally diverse group of contributing authors offer valuable insight into the treatment of public purpose/interest related issues. !1 LAWS Public International Law Course Notes. Table of Contents Overview of International Law (IL) 9.

Definition 9. INDIRECT EXPROPRIATION IN INTERNATIONAL LAW Download Indirect Expropriation In International Law ebook PDF or Read Online books in PDF, EPUB, and Mobi Format. Click Download or Read Online button to Indirect Expropriation In International Law book pdf for free now.

EXPROPRIATION AND INTERNATIONAL LAW By ALEXANDER P. FACHIRI, Of the Inner Temple, Barrister-at-Law. IN the period that has elapsed since the termination of the war, legislation has been introduced in several countries, more particularly the new or reconstituted states that have emerged as a consequence of the European upheaval, providing for the redistribution of land on terms which involve.

This approach rejects the Sole Effects Doctrine, holding that international law protections against unlawful expropriation cannot prevent bona fide regulation in the public interest.

A review of the main arbitral decisions applying this approach suggests the following three-stage analysis. Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship Book Review. Expropriation in Public International Law by B.

This book offers an up-to-date, scholarly overview of the law of foreign investment, incorporating a thorough and succinct analysis of the principles and standards of treatment available to foreign investors in international law.

It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case-law, from both developed and. (shelved 2 times as international-law) avg rating — 10, ratings — published Want to Read saving. Mostert H “The Poverty of Precedent on Public Purpose/Interest: An Analysis of Pre-Constitutional and Post-Apartheid Jurisprudence in South Africa” in Hoops B, Marais E, Mostert H, Sluysmans J, Verstappen L (eds) Rethinking Expropriation Law I: Public Interest in Expropriation (, Boom/Eleven and Juta Law) ISBN:.

About this book: Regulatory Freedom and Indirect Expropriation in Investment Arbitration presents a conceptual framework for the scope, relationship and method for delineating between regulatory freedom and indirect expropriation and ways for resolving these issues in investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect.International Law and Domestic Legal Systems: incorporation, transformation, and persuasion Different countries incorporate and interpret international law in different ways.

This book provides a systematic analysis of the domestic constitutional regime of over two dozen countries, setting out the status accorded to international law in those countries and its normative weight, aswell as.INTERNATIONAL LAW - A SOUTH AFRICAN PERSPECTIVE - by John Dugard, Juta and Company Ltd., P.O.

BOXKenwynpages. Reviewed by Muna Ndulo* The book, International Law - A South African Perspective, provides an introduction to the rules and principles of international law.

In its analysis.

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