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Related to expropriatory: Creeping expropriation
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What may seem to a contemporary reader as parochial debates over the technicalities of expropriatory powers, are crucial because they bear on the deeper concern over jurisprudential authority (Cohen, 1965; Radzyner, 2000).
Moldova Award found that "tax measures may also become expropriatory without necessarily being arbitrary or discriminatory, when their application violates a specific obligation that the state has previously undertaken in favor of a particular person or class of persons, such as an investor protected under a treaty.
1) Kolko argued that leading business executives, working with their political counterparts, had promoted regulation to tame smaller business rivals and to stave off expropriatory threats from radical, antibusiness political movements.
The United States negotiates BITs on the basis of a high-standard model text that provides investors with improved market access, protections from discriminatory, expropriatory, or otherwise harmful government treatment, and a mechanism to pursue binding international arbitration for breaches of the treaty.
Many countries in the past have supported actions from expropriatory regimes, but that does not necessarily mean they will be as naive as to then adopt similar measures in their own countries.
The pure liberalism that has never found roots in the region, or the criollo liberalism that has been experienced by Latin America's poor as punitive, expropriatory, exclusionary, and authoritarian?
According to the text of Article 1110(1), expropriatory measures which do not conform to 1110(1)(a), (b), (c), and (d) are flatly unpermitted and should be removed.
Mexico, (223) the tribunal's reasoning reflected this transition, stating that, "In the past, confiscatory taxation, denial of access to infrastructure or necessary raw materials, imposition of unreasonable regulatory regimes, among others, have been considered to be expropriatory actions.
a foreign investor or investment is not deemed expropriatory and compensable unless specific commitments had been given by the regulating government to the then putative investor contemplating investment that the government would refrain from such regulation.
11) It was far from uncommon in Portugal to shrug off such potential foreign expropriatory measures, as former colonial administrator and historian Armando Cortesao did, as a matter of nationalist envies, when a "small nation, owner of a great colonial empire .
Expropriatory Intent: Defining the Proper Boundaries of Substantive Due Process and the Takings Clause, 80 N.