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 ?
Resolution 12: To disapply pre-emption rights on the reissue of ordinary shares from treasury.
DON'T allow your Company to remove your pre-emption rights, dilute your shareholding and, without appropriate forewarning or background information, allow an unknown new shareholder onto the Board of YOUR Company
Even those inclined to oppose GMO pre-emption must judge the proposal as part of a larger whole.
The Homestead Act of 1862 made pre-emption an accepted part of US land policy.
6% say that when attacked or for humanitarian need are the only two reasons for American to use military force and 25% say that attack, pre-emption and humanitarian need are all reasons to use force.
Eni has the option to terminate the SPA following an exercise by Tullow of its pre-emption rights.
The repeal of the ERISA pre-emption would be a strong step in that direction.
Supreme Court's March 4 decision upholding a verdict from the Vermont Supreme Court, there were signs that the highest judges in the land might favor state laws and bid good-bye to federal pre-emption statutes.
Pre-emption rights have become a hot topic after Barclays controversially raised cash from Middle Eastern investors without first offering shares to existing investors.
In mid-2007, the Supreme Court agreed to consider federal pre-emption in the case of Riegel v.
In Guantanamo Bay this doctrine of pre-emption is extended to individuals.