pre-emption


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Related to pre-emption: Pre-emption rights

pre-emption

1 the right of buying before anyone else.
2 in international law, the right of a state to buy the property of another power in transit over its territory (or allow its own nationals to buy it).
3 in the USA, laws passed from 1841 onward allowing settlers to acquire title to public land. See also PRE-EMPTION CLAUSE.

PRE-EMPTION, intern. law. The right of preemption is the right of a nation to detain the merchandise of strangers passing through her territories or seas, in order to afford to her subjects the preference of purchase. 1 Chit. Com. Law, 103; 1 Bl. Com. 287.
     2. This right is sometimes regulated by treaty. In that which was made between the United States and Great Britain, bearing date the 10th day of November, 1794, ratified in 1795, it was agreed, art. 18, after mentioning that the usual munitions of war, and also naval materials should be confiscated as contraband, that "whereas the difficulty of agreeing on precise cases in which alone provisions and other articles not generally contraband may be regarded as such, renders it expedient to provide against the inconveniences and misunderstandings which might thence arise. It is further agreed that whenever any such articles so being contraband according to the existing laws of nations, shall for that reason be seized, the same shall not be confiscated, but the owners thereof shall be speedily and completely indemnified; and the captors, or in their default, the government under whose authority they act, shall pay to the masters or owners of such vessel the full value of all articles, with a reasonable mercantile profit thereon, together with the freight, and also the damages incident to such detention." See Mann. Com. B. 3, c. 8.
     3. By the laws of the United States the right given to settlers of public lands, to purchase them in preference to others, is called the preemption right. See act of L. April 29, 1830, 4 Sharsw. Cont. of Story, U. S. 2212.

References in periodicals archive ?
severance, as opposed to an employee benefit plan, and not run afoul of ERISA's pre-emption provisions.
Given the November election results, many predict that Democrats will push legislation to "neuter" pre-emption and broaden consumer access to courts for damages against device companies.
At the same time, the majority view pre-emption cases contain a wealth of analysis and involve application of the pre-emption statute in various circumstances, and some discussion of them would not have been out of place.
On a practical level, Property Casualty Insurers Association of America President and CEO David Sampson said the process of how a pre-emption would be established was a concern for his group.
Central to the doctrine of pre-emption is the belief that threats must be defeated before they are actualized.
While Myners insists the principle of pre-emption rights should be upheld, he also believes there should be case-by-case discussions between companies and shareholders, giving firms a freer rein to raise funds outside the existing rules.
In particular, Spanish law confers on existing holders of convertible bonds pre-emption rights on newly issued shares or on newly issued convertible bonds.
If your offer for the property is successful, your purchase contract will be concluded subject to the farmer not exercising his right of pre-emption.
To be sure, the National Bank Act does give the OCC pre-emption authority over many state laws.
Pre-emption rights among the biggest shareholders mean Pubmaster shareholders must all agree to sell out of the investment, or collectively buy out WestLB.
A pre-emption agreement gives a person the right to purchase a property, during an agreed period, if and when the seller decides to sell.