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This thesis addresses a critical issue in investment treaty arbitration, focussing on the boundary between state measures that constitute indirect expropriation of foreign investments and those that are non-compensable.
MJS Al Muqaimi (22001093)
core +6 more sources
Control Overhang and Owner Financial Constraints: Evidence From Equity Issuance
Financial Management, EarlyView.ABSTRACT Under the debt overhang problem, firms approaching distress issue too little equity because new capital primarily benefits creditors. We identify an additional mechanism—control overhang—that further suppresses equity issuance for firms with controlling owners. As distress risk rises, equity issuance discounts steepen, and each unit of capital
Jens Forssbæck +2 more
wiley +1 more source
Indirect Expropriation in International Investment Law [PDF]
, 2013 Regulating indirect expropriation in international investment law is a challenging task for investment tribunals. No universally agreed definition of the concept exists and international investment treaties (IITs) provide a defective legal framework ...
Ruzza, Alice
core
JCMS: Journal of Common Market Studies, EarlyView.Abstract After the Global Financial Crisis of 2008, European Union (EU) governance has become more tolerant towards national policy adaptation and experimentation. Right‐wing populist governments in East Central Europe (ECE) have used this increased flexibility amongst other things to develop various economically nationalist strategies to reassert ...
Gerhard Schnyder +2 more
wiley +1 more source
Ploughing for Justice: Land Return, Clientelism and Citizenship in Central Burma
Journal of Agrarian Change, EarlyView.ABSTRACT This article asks if clientelism is a form of citizenship in an agrarian society under military domination. It focuses on the efforts made by villagers in central Burma to recover land previously grabbed by force by the military state. A promise of land return during the political transition of the 2010s enabled dispossessed farmers to define ...
Stéphen Huard, Mya Dar Li Thant
wiley +1 more source
Small States, Big Victories: Expropriation and Subaltern Power
, 2020 It seems like common sense that weaker states are destined to lose in engagements with stronger states. After all, stronger states enjoy larger militaries, richer economies, and greater resources. Despite these advantages, however, it is not uncommon for
Christopherson, Nick
core
Indirect expropriation in concession contract
, 2018 El trabajo propuesto busca establecer que cuando se da una expropiación administrativa por razones de utilidad pública o interés social para la realización de proyectos u obras de carácter ambiental, o cuando se expide una norma o acto ...
Quintero-Garay, Clara Patricia
core +2 more sources
LandIn Ulaanbaatar, Mongolia, a 2023 law allowing compulsory land expropriation for Ger area redevelopment once 70% of residents consent has raised concerns about procedural legitimacy and social acceptability.
Undram Ganbaatar, Youngsang Kwon
doaj +1 more source
INFLUENCES ON THE QUANTUM OF DAMAGES AWARDED AT ICSID [PDF]
Annals of the University of Oradea: Economic Science, 2016 The present paper is part of a larger study that aims to identify some of the factors that have a great impact on the quantum of the damages awarded in ICSID cases.
Mihai Berinde, Dana Petrica
doaj
Local Elites in Chile's Pisco Valley: Dispossession, Legal Mobilisation and Intertwined Citizenship
Journal of Agrarian Change, EarlyView.ABSTRACT In countries in the Global South, citizenship is often closely tied to access to water and land ownership. In Latin America, the literature has primarily explored social mobilisation and identity reconfiguration in response to development‐driven processes of land and water dispossession affecting peasants, rural and Indigenous communities ...
Chloé Nicolas‐Artero
wiley +1 more source