Direct expropriation is an outright taking of private property by the State, generally aimed at a specific investor or applied to a specific investment, typically involving a transfer of ownership rights to the State. 1.2.2 Indirect Expropriation The United Nations Conference on Trade and Development (UNCTAD) characterises indirect expropriations by the following cumulative elements: “a) an act attributable to the state; b) interference with property rights or other protected legal interests; c) of such degree that the relevant rights or interests lose all or most of their value or the owner is deprived of control over the investment; d) Even though the owner retains the legal title or remains in physical possession.” It is not often disputed …show more content…
The tribunal held that the “test is whether that inference is sufficiently restrictive to support a conclusion that the property has been “taken from its owner”. The tribunal considered the term “tantamount” contained in the expropriation clause and found that for a measure to qualify as indirect expropriation it must be equivalent to direct expropriation. The tribunal in the case of Tecmed v Mexico, held the State measure will be indirect expropriation if it is permanent and if the investor’s rights have been affected so that “any form of exploitation thereof … has disappeared”. In Telenor Mobile Communication A.S v Hungary, it was held that the investment should be viewed as a whole, and expropriation will occur if there has been a substantial erosion of value. The tribunal in Revere Copper found indirect expropriation had occurred by examining the “impact on effective control over use and operation” of the investor’s property. Formal ownership of the property was not affected, but the control of use and operation by the investor was no longer effective. Taxation, while entailing an overt transfer of property to the State, is generally considered an exception to laws prohibiting expropriation. However, there are some instances where it may qualify as indirect expropriation. In Occidental v Ecuador, the tribunal stated succinctly that “taxes can result in expropriation”. In Feldman, the tribunal held that “…tax measures, even if they are designed to and have the effect of an expropriation, will be indirect, with an effect that may be tantamount to
The power of executive privilege has been extremely controversial since basically the beginning of the United States as a democratic government. Many saw this power come into a greater public focus particularly during the Nixon presidency and the infamous Watergate Scandal, but the theory and use of executive privilege existed long before Nixon. As in true American fashion, some argue in favor of executive privilege, while others view it in a more negative light. The intense controversy is what makes executive privilege so intriguing to review in a deeper and more in depth analysis. The theory of executive privilege has derived its power throughout evolution of time, a series of presidencies, and quite a few pinpointed circumstances resulting in some very notorious court cases.
The 19th century set the stage for different policies that lead to the extending of America’s power, which is defined as imperialism. Imperialism started for different reasons like the Americans wanting the U.S. to expand or explore the unknown land, or even some feared existing resources in U.S. might eventually dry up. The reason imperialism started doesn’t really matter, but more of what it caused. Imperialism lead to Cuban assistance, the addition of Hawaii and Alaska to America, and Yellow Journalism.
In the Summer of 1787, fifty-five delegates representing 12 out of the 13 states in Philadelphia to fix the Articles of Confederation. They met in philadelphia because the Articles of Confederation was too weak. Shay’s rebellion was the end of the Articles of Confederation bringing down the whole network calling for a change of government. They did this to prevent a tyrant or tyranny. A tyrant/tyranny is when someone or a group abuses their power. The Constitution guarded against tyranny through Federalism, Separation of powers, Checks and Balances, and The Great Compromise.
Eminent Domain is defined as “the power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property” (Farlex, par. 1). Eminent domain has a long and distinguished legal history, dating back to the Magna Carta. The term “eminent domain” was coined by Hugo Grotius (1583–1645), a Dutch jurist and philosophe, to describe the power of the state over natural property (Dalton, par. 3). This legal process has been used in many nations ostensibly for the “greater good.” Recently, Russia has come onto the world stage as abusing the power of eminent domain in preparation for the 2014 Olympic Games, as has Brazil in regards to the World Cup and upcoming 2016 Olympic Games. They, like many nations, have been accused of not giving just compensation for property taken. World-wide, eminent domain and it abuse of have been increasing as the world’s population and economy change. Author Tit Elingtin writes “The governments have taken advantage of that eminent domain ruling, and you, the media, have failed at protecting citizens” (Elingtin par. 13). This quotation reflects many people’s opinions today. Many believe that governments abuse the power they are given with eminent domain and call on the United Nations to remove the problem.
... private property can only be taking for public use. What is in the constitution cannot be change or interpreted differently because you than get the government changing the constitution to fit its benefits. Here Originalist, textualist should have been use to interpret the constituion . The Supreme Court decided on a case that should have been in favor of Kelo because the constitution specifically states what to do in situations like that.
Coercion can be defined as forcing someone to do something they do not want to do. In order to determine if coercion will be successful or not one has to look at four key principles: communication, capability, credibility and compliance or “target will.” While the peace settlements after World War I could have been considered coercive, they probably had very little chance of success based on these four stated principles. France communicated that it wanted unreasonable demands including unlimited reparations for the war. Without Great Britain and the United States, France had little capability in enforcing the settlements. In addition, it had little to no past reputation of being able to support its decision in upholding the settlements. Finally,
Another example to demonstrate why some of the land was taken unlawfully was signing of the Tierra Maria Grant. This grant sold a large amount of land that belonged to many heirs, however, the grant
Nationalism is being patriotic towards one’s own country. It took place in the nineteenth century to those people who shared a language, history and culture. Nationalism led to creation of new powers, which are Italy and Germany. As these countries became united and stronger, they created war against other countries.
The 1800's were a renowned era in European history. With the rise of imperialism came the ruthless desire to seek new land through the use of authoritative implications. Whether it be the discovery of the Americas, where Christopher Columbus discovered various islands, which were clustered with indigenous people that were eventually completely wiped out for the pure desire of Spaniard power. This craving to "assimilate" indigenous people and to convert them to Christianity was an element, which rooted 19th century Europe. Although the actual question to whether these actions were good or evil are up for debate. Imperialism has been viewed as an expansion that serves only ones "object" and that it has no purpose beyond the benefit of the "self". This paper will explain Imperialism through a sociological perspective, while blending in notions of capitalism and modern day Imperialism that may now be viewed as Globalism.
The philosophy of rights has been a perennial subject of discussion not only because it is embedded in the intellectual tradition and political practices of many countries but also because it exhibits deep divisions of opinion on fundamental matters. Even a cursory survey of the literature on rights since, say, the time of the Second World War would turn up a number of perplexing questions to which widely divergent answers have been given: What are rights? Are rights morally fundamental? Are there any natural rights? Do human rights exist? Are all the things listed in the UN's Universal Declaration (of 1948) truly rights? What are moral rights? Legal rights? Are basic moral rights compatible with utilitarianism? How are rights to be justified? What is the value of rights? Can infants have rights, can fetuses have them, or future generations, or animals? And so on.
Eminent domain is the legal right to take away private property for public use by either state, or a private person or corporation. It is legally taken away for the purpose to exercise the functions of public characters. Eminent domain gives power to the federal, state and local governments, school district, hospital district, or any other agency to take away private property for the use of the public needs. Eminent domain also gives the power to the government to take away private property if needed to public needs, even without the owner’s full consent. In case of eminent domain, the owner of the property gets payments from the government through compensation. Most of the times, when the government takes away private property, it is for the needs of roads, public schools, or other useful utilities. Eminent domain in the Unites States is also mentioned in the Fifth Amendment of the constitution. The Fifth Amendment states, “ nor shall private property be taken for public use without just the compensation”. The proceeding to take the private property under the eminent domain policy is called condemnation proceeding. Eminent domain is not limited to freeway widening projects, however, it may include projects like working on a new city hall, shopping center, an office building, a bicycle path or a golf course. Nevertheless, Eminent domain not only applies to private property but also personal property. The government has the right to legally take away even a person’s personal property for the use of public needs. There are also two types of using the eminent domain. One way of using the eminent domain is taking just one part of the property from the owner and paying the owner. Second way of using emine...
The definition of decolonization differs from person to person, from nation to nation, and from past experience to past experience. In my opinion decolonization is a thought out active resistance of colonial forces with a goal of eventually obtaining indigenous liberation. Colonialism has brought forth many problems with it. As more time passes the problems keep getting worse. Problems such as crimes being committed on Natives and loss of tradition.
...t for illegally profit, the consequences will be unfavorable; therefore, a decision has to be made in order to protect the rights of the original owner and the responsible party must be held responsible for any infractions.
Direct democracy means forms of direct participation of citizens in democratic decision making in contrast to indirect or representative democracy, based on the sovereignty of the people. This can happen in the form of an assembly democracy or by initiative and referendum with ballot voting, with direct voting on issues instead of for candidates or parties. Sometimes the term is also used for electing representatives in a direct vote as opposed to indirect elections (by voting for an electing body, electoral college, etc.), as well as for recalling elected officeholders. Direct democracy may be understood as a full-scale system of political institutions, but in modern times, it means most often specific decision-making institutions in the broader
Extractive institutions are used throughout this book to explain that the upper class extracts resources and goods from the lower class. They don’t allow growth or competition, but rather they just exploit the rest of society into doing their labour. It’s used to please a few, rather than the majority, and can still be seen in most places in the world. Whereas, inclusive institutions are the ideal way nations should be run, allowing for fair economical systems, property ownership, educational facilities and allowing all citizens to participate in the growth of the economy. Acemoglu and Robinson argue that this is the main factor in distinguishing the rich countries from the poor and, moreover, how they treat their citizens. This system is relatively used in North America and Western Europe.