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The Transition to Liberal Democracy

Luiz Carlos Bresser-Pereira

in Democracy and Public Management Reform: Building the Republican State

Published in print:
2004
Published Online:
November 2004
ISBN:
9780199261185
eISBN:
9780191601507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199261180.003.0005
Subject:
Political Science, Democratization

Two related historical facts welcomed liberal democracy or the liberal-democratic state. On one hand, in the seventeenth and eighteenth centuries, social contract theory imposed a major setback to ... More


Financial Ethics: A Positivist Analysis

George A. Aragon

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195305968
eISBN:
9780199867844
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195305968.001.0001
Subject:
Economics and Finance, Financial Economics

This book provides a framework for the study of financial ethics built on a broad review of research published in finance and economics journals. This book demonstrates that ethics is already an ... More


Comparative Compensation for Expropriation

Borzu Sabahi and Nicholas J. Birch

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0024
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter examines the principles of compensation for expropriation through a comparison of investment arbitration and other legal systems. It discusses the treatment of compensation for ... More


Compensation and Restitution in Investor-State Arbitration: Principles and Practice

Borzu Sabahi

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199601189
eISBN:
9780191729201
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199601189.001.0001
Subject:
Law, Public International Law, Company and Commercial Law

This book presents a detailed study on compensation and restitution in investor state arbitration pursuant to investment treaties. The study begins by examining the historical roots of the principles ... More


Different Views of the Cathedral: The Literature on Property Law Theory

Jonnette Watson Hamilton and Nigel Bankes

in Property and the Law in Energy and Natural Resources

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579853
eISBN:
9780191722745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579853.003.0002
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter reviews property law theory and its literature that aims to show how developments in general property theory may be relevant for energy and natural resources. It focuses on liberal ... More


Nationalizing Rivers, Expropriating Lands

Ekaterina Pravilova

in A Public Empire: Property and the Quest for the Common Good in Imperial Russia

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691159058
eISBN:
9781400850266
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159058.003.0004
Subject:
History, Russian and Former Soviet Union History

The previous discussion on forests and minerals showed that Russian professional and industrial elites were quite unhappy with the state's passivity and its reluctance to take on the management of ... More


Why the Village Has No Power: Land Ownership Disputes and Customary Tenure

Peter Ho

in Institutions in Transition: Land Ownership, Property Rights and Social Conflict in China

Published in print:
2005
Published Online:
July 2005
ISBN:
9780199280698
eISBN:
9780191602528
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019928069X.003.0003
Subject:
Economics and Finance, Development, Growth, and Environmental

Starts with a historical analysis of China’s land property structure and its weaknesses. It is argued that the former production team exercised no real power over land, even though it enjoyed formal ... More


Economic and Non-Economic Values in the Case Law of the European Court of Human Rights

Pasquale De Sena

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0010
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter argues that the relationship between ECtHR case law relating to protection of property rights and the traditional principles of international law on foreign investments swings between a ... More


Balancing of Human Rights and Investment Law in the Inter-American System of Human Rights

Pedro Nikken

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0012
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter recalls that the inter-American system of human rights protects property as an individual right. However, the system is not the forum to protect business activity against arbitrary acts ... More


‘Proportional’ by What Measure(s)? Balancing Investor Interests and Human Rights by Way of Applying the Proportionality Principle in Investor-State Arbitration

Jasper Krommendijk and John Morijn

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0018
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the possibility of applying the proportionality principle, which is currently used by the ECtHR in its jurisprudence, in investor-state arbitration and, particularly, in ... More


Reconciling Public Health and Investor Rights: The Case of Tobacco

Valentina Sara Vadi

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0019
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the linkage between investment law and international instruments protecting public health, focussing on the specific issue of tobacco control. Since the recent inception of the ... More


Property Protection and Protection of Cultural Heritage

Federico Lenzerini

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0017
Subject:
Law, Constitutional and Administrative Law, Public International Law

In contemporary international law, the tension between the public interest in safeguarding cultural heritage and private property rights — including investors' rights — is often hard to settle, as ... More


Comparative Taxation Procedure and Tax Enforcement

Paul B. Stephan

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0019
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter reviews international practice in the administration of tax regimes and the implementation of tax collection. It analyses claims by investors that particular state actions in tax ... More


Public Law Concepts to Balance Investors’ Rights with State Regulatory Actions in the Public Interest—the Concept of Proportionality

Benedict Kingsbury and Stephan W. Schill

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0003
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter observes that investment treaty tribunals are increasingly confronted with resolving conflicts between investment protection and competing public policy concerns, including the ... More


The Concept of Indirect Expropriation in Comparative Public Law—Searching for Light in the Dark

Markus Perkams

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0004
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter analyses the concept of indirect expropriation in international investment agreements. In particular, it focuses on the distinction between a compensable indirect expropriation and a ... More


Before Eminent Domain: Toward a History of Expropriation of Land for the Common Good

Susan Reynolds

Published in print:
2010
Published Online:
July 2014
ISBN:
9780807833537
eISBN:
9781469604282
Item type:
book
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807895863_reynolds
Subject:
Law, Legal History

This book presents a history of expropriation of land for the common good in Europe and North America from medieval times to 1800. It contextualizes the history of an important legal doctrine ... More


The Meanings of Property

Ekaterina Pravilova

in A Public Empire: Property and the Quest for the Common Good in Imperial Russia

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691159058
eISBN:
9781400850266
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159058.003.0002
Subject:
History, Russian and Former Soviet Union History

This chapter traces the history of property relations in Russia. It examines how Russian rulers came to respect private property as a bulwark of autocracy and what this respect meant for property in ... More


The ‘Unpolitical’ Press: Provincial Newspapers around Berlin, 1925–8

Bernhard Fulda

in Press and Politics in the Weimar Republic

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199547784
eISBN:
9780191720079
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199547784.003.0005
Subject:
History, European Modern History

How did the average German learn about politics? The decentral, fragmented nature of the German newspaper market meant that the great majority of contemporaries derived political information from a ... More


New Opportunities for British Settlement: Ireland, 1650–1700

T. C. Barnard

in The Oxford History of the British Empire: Volume I: The Origins of Empire: British Overseas Enterprise to the Close of the Seventeenth Century

Published in print:
1998
Published Online:
October 2011
ISBN:
9780198205623
eISBN:
9780191676703
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198205623.003.0014
Subject:
History, World Modern History, British and Irish Modern History

The thoughtful Irish regarded their country as ‘a separate and distinct kingdom from England’, annexed to the English sovereign and so subject to his prerogative. Uncertainties about how best this ... More


Expropriation

Steven Rendall

in Distinguo: Reading Montaigne Differently

Published in print:
1992
Published Online:
October 2011
ISBN:
9780198151807
eISBN:
9780191672842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198151807.003.0005
Subject:
Literature, European Literature, 16th-century and Renaissance Literature

In Plato's Symposium, Socrates reports a conversation he says he had with Diotima, in which she explains that all men seek fame and immortality, and suggests that this is why they have children. ... More


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