Expropriation

one foreign investor. A discriminatory taking is one “that singles out a particular person or group of people without a reasonable basis.” Still, there have been cases relating to environmental targeted measures where tribunals have rejected a claim for expropriation, suggesting that the police powers doctrine may not only shield measures of general application but also targeted environmental measures, and that determination of the value of an investment may be influenced by the environmental regulatory context in which the investor operates. The case of Chemtura concerned a targeted measure - the suspension of the claimant’s authorisation to commercialise certain pesticides amounted to an indirect expropriation. The tribunal rejected the…

Specific Purpose: To inform my speech class about the different sides of allowing the Bakken pipeline through Iowa. Thesis: Legislators are going to have to put their heads together and weigh the pros and cons of pipeline to make the right decision. Introduction: Imagine a pipe 30 inches in diameter and 346 miles long stretching through Iowa with oil pumping through it. Dakota Access, LLC., an energy company, is proposing exactly that to the Iowa legislator. The pipeline would be transporting…

Edward Vang Ms. Sweet English 2 Gate November 12, 2015 The Problem with Eminent Domain Eminent domain, in the dictionary, is the right of a government or its agent to expropriate private property for public use, with payment of compensation. This means that the government can take any piece of property and change it into something for the public use through some sort of payment. There are many examples where eminent domain is being used. It has been used to facilitate transportation, supply…

Although there is no guidelines as to what exactly constitutes an indirect expropriation, there exists some approaches to determine whether indirect expropriation occurs or not. The following is the domain doctrines in the term of indirect expropriation. 3.2.1 Police Power Doctrine A number of tribunals have attempted to restrict the nature of the protection so that States will not be subject to claims for compensation where the regulation, which might otherwise be tantamount to…

and challenges of residential property valuation for compensation during expropriation in Gimbi town. In this issue, the major points raised were: The implementation…

Country risk is associated with lending or depositing funds, FDI, or any other financial transaction, in a country. Risks can include both political and economic risks, currency blockage, expropriation, financial uncertainties, and inadequate access to hard currencies. Understanding country risk in a global context is important as companies move from being domestic to multi-national companies. Country risk can impact decisions on investment of capital budget, whether to portfolio invest in…

its internal operations, laws, and people. (Jennings, pp. 227). • Schooner Exchange v MacFaddom, 7 Cr. 116 (1812). (Jennings, pp. 228). A group of Americans tried to take over the Vessel Exchange that entered the port of Philadelphia. The American group argued that the ship had been taken illegally by the French emperor Napoleon and argues that the ship belonged to them. The U.S. court applied the sovereign immunity and decided that the ship could not be seized. Expropriation: this concept…

However, this paper will not evaluate all the issues raised in Methanex case; it only presents the third issue in the scope of Article 1110 of NAFTA. The Tribunal argues that ?Measure enacted by California was a lawful regulation and not an expropriation?.[footnoteRef:44] The Methanex award has been compared to the award of Metaclad v. Mexico in regard the measure tantamount to expropriation because of the different award given by tribunal. The Tribunal in Methanex case did not use the Metaclad…

Violence during capitalism was necessary to create resources, labour and market. Violence during capitalism was brutal, especially the brutality that the working class faced. Violence in capitalism was necessary to create resource because the aristocrats who were the landowners needed a way to remove and make the peasants give up their land and to work for them because the peasants resisted their separation from land. This is called primitive accumulation, which is stated by (Hristov, September…

Salvador Allende’s presidency had a large significance in Chile. His initial strategy was to freeze prices of products and raise wages. The result of this was immediate and there was a boom in consumer buying. This caused a short term of redistribution of income. Allende prioritized the complete nationalization of the copper companies and also extended control into other economic divisions. For example, nationalizing the coal and steel industries, owned sixty percent of banks, and the government…