- Published on
Legal Terms - Expropriation
It refers to the direct or indirect appropriation of privately owned assets by a state or its agency, typically without compensation (see compulsory acquisition, which includes a right to compensation). The authority to expropriate is referred to in certain legal frameworks as the right of eminent domain. In the UK, expropriation necessitates statutory approval, except during wartime or anticipated conflict (see to royal prerogative). In public international law, expropriation denotes the seizure of assets possessed by foreign investors. Although it is widely acknowledged that states possess discretionary authority to seize property within their jurisdiction, specific protections exist for eligible investors under both bilateral and multilateral investment treaties. These establish the prerequisites necessary for a legitimate expropriation to occur. Such prerequisites encompass the provision of sufficient remuneration. The notion of state attribution for wrongful acts committed by state organs is articulated in Article 4 of the *International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts 2001.
It refers to the direct or indirect appropriation of privately owned assets by a state or its agency, typically without compensation (see compulsory acquisition, which includes a right to compensation). The authority to expropriate is referred to in certain legal frameworks as the right of eminent domain. In the UK, expropriation necessitates statutory approval, except during wartime or anticipated conflict (see to royal prerogative). In public international law, expropriation denotes the seizure of assets possessed by foreign investors. Although it is widely acknowledged that states possess discretionary authority to seize property within their jurisdiction, specific protections exist for eligible investors under both bilateral and multilateral investment treaties. These establish the prerequisites necessary for a legitimate expropriation to occur. Such prerequisites encompass the provision of sufficient remuneration. The notion of state attribution for wrongful acts committed by state organs is articulated in Article 4 of the *International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts 2001.
0 Comments