For practical purposes, a breach may arise: (i) if a state may makes discriminatory legislative reforms which adversely affect the international investment; or (ii) if a state arbitrarily or capriciously denies tax exemptions to international investors in respect of revenues or profits generated by their investment; or (iii) if a state discriminates against an international investor by refusing to grant or renew permits; or (iv) if
a state expropriates investment assets without due and proper compensation paid to the investor etc..
Not exact matches
If one asks, what are the possible roads to a world without war, that essential way - station on the way to freedom of information in anecologically organized world, Arthur Waskow answers that there are five: (a) Control of the nation -
state system through stabilizing the balance of power and reducing international tensions but keeping the weapons; (b) Reform of the system through total disarmament without abandoning national sovereignty or the pursuit of national interest; (c) Extension of the system through the creation of a federal world government; (d) Fragmentation of the system through increases in the power of extra-national associations and Institutions across national boundaries, and corresponding decreases in
state power as these occupational, industrial, scientific, and other groups gradually
expropriate from the national governments the power to make decisions within their own fields; and (e) Abolition of the system through substituting love f or coercion.20.»
The monasteries were all private institutions, independent of the
state, until Henry VIII
expropriated and «nationalised» them all.
Once in power, Castro banned the democratic elections he once promised,
expropriated private property, created a one - party Communist
state, and ruthlessly suppressed all forms of dissent and opposition.
Cuomo promised in his annual
State of the
State address to cooperate with the local real estate interests in the redevelopment of Penn Station, but also raised the possibility of
expropriating their property.
The
state was unable to introduce any additional evidence regarding the value of the land
expropriated and the only valuation was that of the plaintif, which was accepted.
She insisted that the
state does not want to
expropriate or to harm private collections.
«As authors of that report, we are dismayed that the report of the Cato Institute, ADDENDUM: Global Climate Change Impacts in the United
States,
expropriates the title and style of our report in such a deceptive and misleading way.
(In 1964, the US Supreme Court observed there «are few if any issues in international law today on which opinion seems to be so divided as the limitations on a
state's power to
expropriate the property of aliens.»)
Perhaps the best examples of this section of the market come from the world of in bilateral investment treaty arbitration where claimants are almost invariably «Davids» because «Goliath» (the respondent
state) has
expropriated their assets.
Yet, such mechanisms only work imperfectly because host
States can benefit by unilaterally breaching their original obligation after an investor has made its investment, for example the construction of a power plant or factory, by imposing additional obligations or even
expropriating the investment.
In 2014, the PCA awarded the former Yukos Oil Company shareholders damages, unanimously finding that Russia had breached its international obligations under the Energy Charter Treaty by destroying Yukos Oil Company,
expropriating its assets for political reasons and transferring its assets to the
state - owned oil company Rosneft.
For example, the local law of the host
state may permit that
state to
expropriate property without providing any or full compensation to the domestic investor who would also have no recourse against
state.
Besides, the inviolability of private property has its limits: the article defends the right of the
state to
expropriate or requisition it «in the public interest».