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Responsible governance of tenure and the law - A guide for lawyers and other legal service providers
… and social impact assessments . . . . . . . . 50 3.3.6 Expropriation and compensation . . . . . . . . . . . . 51 4.1 … . 75 4.2.5 Support for individuals and communities facing expropriation of legitimate tenure rights . . . . . . . . . . … and India Box 3.15 Selected Guidelines’ provisions on expropriation and compensation Box 3.16 Compensation for …
Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security
… 23 14. Restitution 25 15. Redistributive reforms 25 16. Expropriation and compensation 27 Administration of tenure 29 … approaches, restitution, redistributive reforms or expropriation. 11. Markets 11.1 Where appropriate, States … land, voluntary and market based mechanisms as well as expropriation of private land, fisheries or forests for a …
Issues in water law reform
… powers, would necessarily be characterized as expropriation. It will probably be necessary to go further, … to characterize the restriction on entitlements as expropriation, as the claimed entitlements exceed the known … of it, or rights over it except by the courts of law or by expropriation on the grounds of public utility, so declared …
Compendiums on Human Rights and the Environment - Selected International legal materials and cases (Advanced Version)
… unable to finance compensation ordered by the court for expropriation. On March 7, 1997, the applicants complained to … compensation. They disputed that the reason for the expropriation was the public interest, arguing that a fair … Article 6(1) because the judgment for compensation for the expropriation had not been enforced. Expropriation would have …
Statutory recognition of customary land rights in Africa - An investigation into best practices for lawmaking and implementation
… law. 20. Extend compulsory acquisition laws to state expropriation of community common areas, even those that … been lawfully granted to another person or entity." Should expropriation of one's land be necessary, the constitution … remain invisible on official maps, vulnerable to expropriation and elite capture (Norfolk and Tanner, 2007 at …
Wetlands, water and the law. Using law to advance wetland conservation and wise use
… - in the last resort - proceed to the compulsory purchase (expropriation) of a significant number of wetlands. In this … or, if agreement cannot be reached, by the juge de l'expropriation (compulsory purchase judge). If the Département … status on such reserves to protect them from possible expropriation at a future date. In the Walloon Region of …
Land and water - the rights interface
… seek to protect their citizens against arbitrary expropriation, often in constitutional provisions relating to … the procedures are usually tightly regulated and expropriation is subject to the payment of full … agreement cannot be reached either as to the necessity of expropriation or the level of compensation to be paid, …
Judicial handbook on environmental law
… imposed to protect the environment amount to a taking or expropriation of property that are illegal unless undertaken: … favor of endangered species amount to a taking of land or expropriation for which compensation is required, courts have … and effective compensation for direct and indirect expropriation. The first decision of a NAFTA arbitral …
Integrated coastal management law: Establishing and strengthening national legal frameworks for integrated coastal management
… ownership and control over coastal areas; (b) initiating expropriation or acquisition programmes to bring important … this means changing who owns the area (which may require expropriation), whereas buffer zones usually only restrict … the coastal commons can be used. The practical value of expropriation as a mechanism for consolidating coastal areas …
Assessing the international forest regime
… liberalization rules could affect forests. Proposed expropriation provisions, which provide for compensation when … is deprived of its investment by a measure “tantamount to expropriation,” could interfere with a government’s efforts … American Free Trade Agreement (NAFTA) that are similar to expropriation language included in the draft MAI. Ethyl …