Rethinking Expropriation Law II
eBook - PDF

Rethinking Expropriation Law II

Context, Criteria, and Consequences of Expropriation

  1. 399 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Rethinking Expropriation Law II

Context, Criteria, and Consequences of Expropriation

About this book

This book is the second of a series in which experts engage critically with the context, criteria, and consequences of expropriation. The State - in the shape of monarchies, dictatorships, or democracies - has been using expropriation to implement its policies since the times of ancient Rome. The book therefore contains contributions on the historical context of expropriation. Despite its age, however, expropriation law is constantly evolving at the national and international level. The book's contributors show how European human rights law and international soft law instruments shape national criteria and expropriation procedures. They discuss how comparative law and insights from the theory of human flourishing can help to improve the criteria for the justification of expropriation. From comparative and international perspectives, the book deals with the criteria that determine whether compensation is due for a regulatory taking, constructive expropriation, or excessive regulation of property. It examines the definition of takings and whether the dissolution of condominium constitutes a taking, and it uncovers how the amount of compensation can play a role in the justification of expropriation. Lastly, the book examines the consequences of expropriation for residential communities. *** Librarians: ebook available [Subject: Expropriation Law, Property Law, Legal History, Comparative Law, European Law, Human Rights Law, International Law]

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Yes, you can access Rethinking Expropriation Law II by B. Hoops,E.J. Marais,H. Mostert,J.A.M.A. Sluysmans,L.C.A. Verstappen in PDF and/or ePUB format, as well as other popular books in Law & Law Theory & Practice. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Eleven International Publishing
Year
2016
eBook ISBN
9789462744455
Edition
0
Topic
Law
Subtopic
Law Theory & Practice
Index
Law

Table of contents

  1. Cover
  2. PREFACE
  3. TABLE OF CONTENTS
  4. Chapter 1 Introduction: Context, Criteria, and Consequences of Expropriation
  5. Chapter 2 Confiscation and Expropriation: The Legal Consequences of Roman Imperialism
  6. Chapter 3 The History of Hungarian Expropriation Law
  7. Chapter 4 Towards a Paradigm Shift in the Application of Expropriation Law in Flanders
  8. Chapter 5 Hidden Expropriation in Globalization and Soft Law Protection of Communal Property Rights
  9. Chapter 6 The Public Use Requirement and the Character of Consequentialist Reasoning
  10. Chapter 7 More Safeguards instead of a Ban of Economic Development Takings
  11. Chapter 8 ‘Regulatory Expropriation’ under German Constitutional Law and in International Investment Law – The Case of Vattenf...
  12. Chapter 9 The Impairment of Subsurface Resource Rights by Government as a ‘Taking’ of Property: a Canadian Perspective
  13. Chapter 10 ‘Dissolving Condominium, Private Takings, and the Nature of Property’
  14. Chapter 11 The Principle of Good Governance in Expropriation Law
  15. Chapter 12 On Benefit Sharing and the Compensatory Approach to Economic Development Takings
  16. Chapter 13 Expropriation Effects on Residential Communities
  17. Chapter The Contributors