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Beyond Expropriation Without Compensation by Olaf Zenker,Cherryl Walker,Zsa-Zsa Boggenpoel Pdf
"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"--
Beyond Expropriation Without Compensation by Olaf Zenker,Cherryl Walker,Zsa-Zsa Boggenpoel Pdf
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 Page : 328 pages File Size : 53,9 Mb Release : 2021-04-15 Category : Political Science ISBN : 9781776095971
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.
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.
General Principles of Law and International Investment Arbitration by Andrea Gattini,Attila Tanzi,Filippo Fontanelli Pdf
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.
International Protection of Investments by August Reinisch,Christoph Schreuer Pdf
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.
Human Rights in International Investment Law and Arbitration by Pierre-Marie Dupuy,Francesco Francioni,Ernst-Ulrich Petersmann Pdf
There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Public Interest, Private Property by Anneke Smit,Marcia Valiante Pdf
When it comes to urban planning, to what extent and under what conditions should the community’s interest prevail over the rights of private property owners? Public Interest, Private Property addresses this question at a time when pollution, urban sprawl, and condo booms are forcing municipal governments to adopt prescriptive laws and regulations. Case studies focus on spheres in which public values and private property rights collide – expropriation law, natural resources regulation, green development, and water provision – laying the groundwork for more active debates on the issues currently shaping our cities.
Indirect Expropriation in International Law by Sebastián López Escarcena Pdf
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 : Charles Nelson Brower,Jason D. Brueschke Publisher : Martinus Nijhoff Publishers Page : 958 pages File Size : 47,6 Mb Release : 1998-02-12 Category : Law ISBN : 9041106278
The Iran-United States Claims Tribunal by Charles Nelson Brower,Jason D. Brueschke Pdf
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.
Land and Agrarian Reform in Zimbabwe by Sam Moyo,Walter Chambati Pdf
The Fast Track Land Reform Programme implemented during the 2000s in Zimbabwe represents the only instance of radical redistributive land reforms since the end of the Cold War. It reversed the racially-skewed agrarian structure and discriminatory land tenures inherited from colonial rule. The land reform also radicalised the state towards a nationalist, introverted accumulation strategy, against a broad array of unilateral Western sanctions. Indeed, Zimbabwes land reform, in its social and political dynamics, must be compared to the leading land reforms of the twentieth century, which include those of Mexico, Russia, China, Japan, South Korea, Taiwan, Cuba and Mozambique. The fact that the Zimbabwe case has not been recognised as vanguard nationalism has much to do with the intellectual structural adjustment which has accompanied neoliberalism and a hostile media campaign. This has entailed dubious theories of neopatrimonialism, which reduce African politics and the state to endemic corruption, patronage, and tribalism while overstating the virtues of neoliberal good governance. Under this racist repertoire, it has been impossible to see class politics, mass mobilisation and resistance, let alone believe that something progressive can occur in Africa. This book comes to a conclusion that the Zimbabwe land reform represents a new form of resistance with distinct and innovative characteristics when compared to other cases of radicalisation, reform and resistance. The process of reform and resistance has entailed the deliberate creation of a tri-modal agrarian structure to accommodate and balance the interests of various domestic classes, the progressive restructuring of labour relations and agrarian markets, the continuing pressures for radical reforms (through the indigenisation of mining and other sectors), and the rise of extensive, albeit relatively weak, producer cooperative structures. The book also highlights some of the resonances between the Zimbabwean land struggles and those on the continent, as well as in the South in general, arguing that there are some convergences and divergences worthy of intellectual attention. The book thus calls for greater endogenous empirical research which overcomes the pre-occupation with failed interpretations of the nature of the state and agency in Africa.
New Polarizations and Old Contradictions: The Crisis of Centrism by Greg Albo,Colin Leys Pdf
The 58th annual volume of the Socialist Register takes up the challenge of exploring how the new polarizations relate to the contradictions that underlie them and how far 'centrist' politics can continue to contain them. Original essays examine the multiplication of antagonistic national, racial, generational, and other identities in the context of growing economic inequality, democratic decline, and the shifting parameters of great power rivalry. Where, how, and by what means can the left move forward?
