Expropriation

In the middle of the twentieth century, China's transnational connections flowed through the interaction of two ideologies that throughout the postwar era were at times in direct competition: consumerism and communism. In industrializing countries and their colonies, consumerism had actually begun to take hold during the first third of the twentieth century, as the spread of thousands of new consumer goods, the proliferation of discussions about them and the reorientation of social life around them had contributed to the formation of distinctive consumer cultures in urban settings around the world. But this new culture created tensions with other ideologies. Over the course of the century, ideas of nationalism, anti-imperialism, and ultimately communism were often directly opposed to new consumer lifestyles and individual consumer choices, leading governments to seek to impose limits on choice, a central pillar of consumerism, in the name of a purported higher ideology. In the early twentieth century, for instance, as the new notions of national belonging were applied to commodities, products were labelled 'national' and 'foreign,' and a nationalistic consumer culture developed around commodities themselves. Across the globe, through mass campaigns urging consumers to buy domestic products, consumption became a politicized act that brought suspicion upon-and even sanctioned attacks against-'unpatriotic' consumers who knowingly or even unwittingly bought imports. In ‘Compromising with Consumerism in Socialist China,’ Gerth addresses the question: What happened to Chinese consumer culture after the Communist victories in the Soviet Union, eastern Europe, and China?

En el presente trabajo se aborda el estudio de la constitucionalidad, desde una perspectiva competencial, de las medidas normativas adoptadas por las comunidades autónomas para hacer efectivo el derecho a la vivienda en cumplimiento del mandato contenido en el artículo 47 de la Constitución. Este estudio ha exigido una valoración crítica de los recientes pronunciamientos realizados por el Tribunal Constitucional sobre la incidencia de determinados títulos competenciales estatales de carácter transversal sobre una materia, vivienda, reservada por los respectivos estatutos de autonomía a la exclusiva competencias de las comunidades autónomas.
This study approaches the issue of the constitutionality, from a jurisdictional perspective, of the normative measures adopted by Autonomous Communities to enforce the right to housing in compliance with article 47 of the Constitution. This study has required the critical appraisal of the recent pronouncements made by the Constitutional Court on the incidence of certain State competences of transversal nature on housing, an area which had been reserved by the Autonomy Statutes as exclusive competence of Autonomous Communities.

SUMA RIO: I. La expropiación de la propiedad privada de nacionales y extranjeros en México: marco legal interno e internacional. II. ¿Con templa el derecho mexicano un concepto de expropiación indirecta? III. Concep to de expropiación indirecta y la causa de utilidad pública: ¿límites a la capacidad de regulación del Estado mexicano? IV. Los casos del capítulo XI del TLCAN presentados en contra de México y el desarrollo de un nuevo concepto de expropiación. V. Lecciones para una posible armonización de los criterios internacionales e internos.

Land Reform and Expropriation from Female Owners (1962-1972); Western Iran Case Study
Goal: the general aim of the present paper is to outline the evolution of female landlords during Land reform revisions. We want to show why and how expropriation of possession from women happened and its consequences.
Methodology: The present study uses a qualitative approach. Data were gathered based on library documents and resources and in accordance with targeted sampling. For data analysis, grounded theory method was used.
Findings: Findings reveal that over the process of Land reform women were denied ownership in a large scale. The major reasons for expropriation from women were: the Law of Land reform, absence of female owners, quota and quota-setting which was considered a masculine right by convention in rural communities, and finally the collapse of the lord-servant system. Expropriation from women had various implications. For example, submission and subjection of rural women, inequality of rural-urban women, self-burning of rural women and expansion of legal possession were all among the consequences of removing women from land ownership in rural

The land availability for the achievement of the works of national interest often requires the expropriation of buildings because the State and its communities do not arrange land reserves. It is the case of the fishing road Project that joins in the strategy of the Beninese government to value the service sector and more particularly the tourism. This project encounters for several years the obstacles of the fact not only of the implemented procedure for the land expropriation but also its size and its orientation which varied in time. The adopted approach allowed to make an inventory of fixtures of the situation and to analyze the different options to be undertaken to have a land tax secured to set up for the project. This study proposes a procedure which, while correcting the previous actions, contributes to an expropriation based on the provision of the right of the urban planning and the law 2013-01 carrying Land and State Code in the Republic of Benin in order to avoid possible conflicts which would question at first the expropriations and indirectly, the achievement of the project. Résumé La disponibilité foncière pour la réalisation des travaux d'intérêt national nécessite souvent l'expropriation des immeubles car l'Etat et ses collectivités ne disposent pas de réserves foncières. C'est le cas du Projet la route des pêches qui s'inscrit dans la stratégie du gouvernement béninois visant à valoriser le secteur des services et plus particulièrement le tourisme. Ce projet rencontre depuis plusieurs années des obstacles du fait non

Paper selected by the World Bank for the Land and Poverty Conference 2018: Land Governance in an Interconnected World March 19-23, 2018, Washington, DC

This paper presents the challenges and possible opportunities to resolve an intractable issue plaguing both land tenure security and social equity in the Dominican Republic – an issue which is a remnant of the agrarian reform process and in particular a result of uncompensated expropriations of private lands.

Photo of Dominican RepublicWith the enactment of the Agrarian Reform Law (Law 5879/1962), a process of agrarian reform was initiated in the Dominican Republic that modified the regime of ownership and exploitation of land in the country. As a result a new legal and institutional structure was created, which included the creation of the Dominican Agrarian Institute (IAD), as the entity responsible for carrying out agrarian reform through expressly stipulated powers, among which is: “To request, in accordance with the law, of the Executive Power, the expropriation of any property that it deems necessary for the purposes of the law.” Under the Agrarian Reform Law, the IAD would have the task of establishing and distributing State lands (assigned, acquired or expropriated) to constitute family farming units on which families of poor farmers would be placed. Subsequently, in 1972, a set of subsidiary laws and regulations were promulgated with the aim of accelerating the implementation of agrarian reform.

However, this legal framework combined with a vigorous and politicized public policy of massive expropriation immediately began to generate a problem which has survived to today in the rural areas of the country. That is, the expansive application of expropriation without payment of the corresponding just compensation and the subsequent distribution of the expropriated land to small farmers without providing proper land title. From a property rights perspective the problem stems from the well-intentioned Article 97 of the Land Registration Law (Law 108/2005) which stipulates that when a property is expropriated, the Registrar of Title will not proceed to register the transfer of any right over the property until it has been demonstrated that the holder of the registered right has received full compensation. Since compensation has not been paid, the expropriated owner remains on the land registry causing what is essentially a situation of ‘government imposed reciprocal tenure insecurity’.

The resulting situation exemplifies a significant ‘lose-lose’ in which expropriated land owners still hold valid title, but without occupancy or control over the land and with little chance of receiving just compensation, and small farmer occupants without the possibility to formalize their government assigned occupation into a legally registered title. Within this policy, legal and property rights system context, the tool of expropriation, even if it was intended for the purpose of equitable and efficient redistribution of rural lands, has in practice become an economic and social constraint to the rights of both the land owners and the land occupants. In-turn generating widespread land tenure insecurity.

The paper briefly describes the magnitude of the current situation while highlighting the very complex structure of the underlying legal property rights system which is exacerbated by the Dominican Republic maintaining a dual land registration system; a Torrens-based Registry of Title system established during the US military occupation of the 1920’s alongside the Ministerial System established in 1890 with its origins in the French deeds system. The paper also stresses the spirit of the Dominican Constitution of strong property rights and the Dominican Government’s commitment to promote ‘a landowning country’ through the programmatic intervention of the Permanent Commission for Land Titling under the auspices of the Ministry of the Presidency.

Given this context and these circumstances, it is important to look for innovative options to effectively address this issue that continues to negatively affect rural land tenure security and property rights at its base, and equitable rural development as the ultimate objective. Thus, consideration should be given to lessons learned and innovative strategies from international experiences that may offer pragmatic solutions to the situation. Since, in the end, resolving this situation not only represents putting to rest a lingering internal problem of the arbitrariness and inequity of many of the expropriation processes of the past, but will also generate and demonstrate an overall climate of legal security and economic and social equity.

Addressing this problem is at least three-fold: 1) development of a national strategy for land tenure formalization that is framed within an adequate public policy for development of rural communities and individuals; 2) development of effective guidelines and operational mechanisms that provide incentives to both registered land owners and informal land occupants to engage in negotiations leading to private land formalization and registration of ownership; and 3) proactive government advocacy to bring willing parties together and to formally acknowledge the result of agreements. Items one and three will require government support and intervention, but item two could and should be led by the private sector and civil society.

In an effort to provide lessons learned from various international experiences which can serve as a reference point to address the situation in the Dominican Republic, the paper reviews emblematic cases from Central and Eastern Europe, as well as experiences from Latin America. These cases have used innovative formalization processes to confront and provide solutions to problems of tenure insecurity resulting from incomplete or unsuccessful implementation of an agrarian reform process and/or from state expropriations. In light of the situation in the Dominican Republic and taking into consideration international experiences from Colombia, Mexico, Honduras, a series of possible solutions is offered to facilitate discussion leading to public policy decisions to address the situation in the Dominican Republic. Implementation of any of these solutions should be proceeded by the completion of an up-to-date inventory of expropriated land for which land owners have not be compensated. Given the time since the majority of the expropriations and the significant lack of available official information on the cases, this inventory is needed to fully understand the legal situation and ‘genealogy’ of each parcel.

The possible solutions presented in the paper are: (i) government compensation to registered land owners through the provision of socio-environmental and/or economically equivalent land; (ii) establishment by one or more of the registered land owners of a private land trust followed by the subsequent sale or leasing of individual parcels from the trust to current individual occupants; (iii) government-promoted and recognized private negotiations leading to land sales between owners and occupants (i.e., market-assisted land reform); and (iv) government issuance of compensation vouchers or coupons which can be used to acquire state-owned lands or as payment of property taxes. Each of these possible solutions are described in the paper. Recent efforts by Land Alliance to promote these solutions to Dominican government authorities and civil society organizations are also described.

Since the end of the Georgian-Abkhaz war, the often-precarious status of the Georgians displaced from Abkhazia has received significant academic attention. In contrast, the consequences of displacement from the reverse perspective—how it has affected the people who stayed behind—remains underanalyzed. Drawing on narratives collected during several months of ethnographic fieldwork, this article argues that although ethnic Abkhazians see themselves as victims of ethnic violence rather than perpetrators, the re-distribution of Georgian property nevertheless caused significant distress. Many condemned the practice of appropriation, suggesting that taking what is not one’s own is not only a violation of the property of the original owner, but also of the Abkhaz moral code and therefore shameful. To them, the trophy houses were a curse, both literally—as spaces haunted by former occupants—and metaphorically, as a source and reminder of a certain “moral corruption” within Abkhazian society. However, while the stories around the trophy houses reflect substantial intra-communal divisions, I suggest that they are also an expression of a shared postwar experience. Like the horror stories of Georgian violence, and the tales of Abkhaz heroism, they have become part of an intimate national repertoire constitutive of Abkhazia’s postwar community.

This article intends to think the relationship between neoliberal capitalism and the common(s). First, it ties to define the common both in ontological and political terms, stressing the similarities and differences between the common, commons and common goods. Then, it characterizes their relationship with neoliberal capitalism in terms of dispossession, expropriation and configuration. Finally, it discusses if the common can be thought as an alternative form of cooperation and self-government with regards to neoliberalism and to what extent it can be posed as a complete alternative to the state.

In recent years, the landlocked former Soviet Republic of Kazakhstan has substantially improved its oil and gas prospects. Being a rich supplier of oil and gas serves to attract foreign direct investments, but the prospect of such investments is diminished by the government’s policy of confiscating the property of foreign direct investors to “protect its subsoil sector.” As a result of such expropriation, to date Kazakhstan has faced thirteen known investment arbitrations. Five proceedings are still pending, one has been discontinued pursuant to Rule 43, para.1 of the ICSID Arbitration Rules, three awards are confidential and not available to the public, and four awards are publicly available. These numbers demonstrate Kazakhstan’s efforts to maintain its economic and political integrity by avoiding transparency in its investment policies.
This article will analyze the investment laws of Kazakhstan, as well as give an overview of the awards that are publicly available. Finally, the article will outline the problems that foreign investors face in investment arbitrations against the Republic of Kazakhstan.

La jurisprudencia se ha servido de distintos criterios para delimitar las expropiaciones urbanísticas desde que la Ley de Expropiación Forzosa de 1954 las delimitara como un procedimiento expropiatorio especial y la Ley de Suelo de 1956 estableciera un régimen de valoración de suelo que solo se aplicaba a estas.
Este trabajo analiza la evolución que ha seguido esta jurisprudencia y su relación con la tensión entre el valor de mercado del suelo, el valor urbanístico y el principio de igualdad.

Целта на овој труд е поимно определување на недвижните ствари и видовите на недвижни ствари, како ствари кои се предмет на институтот експропријација како и правната уреденост на експропријацијата како институт во македонското законодавство. Излагањата во трудот се однесуваат најпрво на недвижните ствари и нивното определување во сопственичките и катастарските закони кои биле во важност во Република Македонија, како и нивно определување во важечките закони, а со цел да се направи анализа на разликите во поглед на нивното дефинирање и видови. Во поглед на институт експропријација опфатени се повеќе аспекти и тоа:компарација на поранешните Закони за експропријација со важечкиот закон-Законот за експропријација од 2012 година, правната природа на овој институт пред и по носењето на Законот за сопственост и други стварни права, одземањето и ограничувањето на правото на сопственост и имотните права согласно Законот за експропријација од 2012 година, вклучително и утврдувањето на јавниот интерес, постапката и надоместокот за експропријација, како и компаративна анализа помеѓу законодавството на Република Македонија со законодавството во Република Србија, Република Хрватска и Република Црна Гора.

Abstract. The Amhara National Regional State similar to other regional states of the country has faced enormous economic and social problems. The question of housing and other real estate construction for high population pressure, the development and investment questions, poor public utility facilities and other public interests are some of the problems that need the intervention of the Regional government. In order to facilitate these needs of the society, the city municipalities have been using “expropriation ” as a meaningful and useful management tool. However, different compensation standards among government institutions, inadequate compensation standards for loss of land use rights, shortage of professional and qualified valuers, lack of reliable data and poor expropriation, valuation and compensation procedures are some of the problems that impede the implementation of expropriation, valuation and compensation in the region in general and in the two big cities of the region ...

INTERNATIONAL COURT OF JUSTICE

THE PEACE PALACE

THE HAGUE,THE NETHERLANDS

MEMORIAL FOR RESPONDENT

SUMMARY OF PLEADINGS

Rydal has no right to give effect to the independence of Windscale Islands as the Islands were under Aspatria sovereignty. Firstly, Rydal has no sovereign power over the Island. Secondly, the principle of self determination cannot be applied over the Islands.

Even though the Islands were discovered by Rydal, the discovery per se does not provide good title to Rydal. Aspatria has legal occupation over the Islands as the first state came across over the Islands. Rydal did not have effective occupation by leaving the flag and stone carved without having effective control over the Islands.

Aspatria has an intention to occupy the Island as the chart from is imputed from the act of producing nautical charts in Plumbland and Aspatria from the period of its occupation; as to Plumbland sovereignty over the Islands. The determination of the critical date was decided on 22 September 1821 by virtue of Treaty of Great Corby, when there was a dispute arose between Aspatria and Rydal.

Rydal has no right to take the Island from Plumbland as the Treaty of Great Corby was void. Aspatria has already become an independence state and ceased from the Plumbland. Therefore, Aspatria is not bound by the treaty. As Aspatria has the power to administer over the Island, the principle of uti possidetis juris was applied.

In 1947, Rydal gave the Islands a constitution and political elections as a preparation in making Windscale Island as a new independent state. The Islanders are Aspatrian as their nationality is by naturalization or jus soli as the Aspatria law recognized them. The right of the Islanders to have self-determination was invoked due to Rydal did not give full rights on the social, economy, political and education of the Islanders.

As the Islanders did not show any effort to express their will as a choice, it did not fulfill all the requirements for self determination stated under United Nations Charter. Aspatria has the right to protect the Islanders‟ nationality based on diplomatic protection. The Islanders have no right for self-determination. Thus, Windscale Islands cannot be a new independent state.

The rejection of MDR Limited‟s bid was a discriminatory act on the part of Rydal. MDR Limited had fulfilled all the requirements instructed by First Minister Nigel Craven for the bidding process. Committee of the Assembly had approved MDR Limited‟s bid and forwarded it to the Governor Lucy Black for her signature but she withheld it. First, the act of withholding the signature constitutes a discriminatory act upon MDR Limited. Secondly, the discrimination is as to the nationality of MDR Limited.

Thirdly, Aspatria can invoke diplomatic protection on behalf of MDR Limited based on this discrimination. Fourthly, the violation of the BIT incurs international responsibility on the part of Rydal towards Aspatria. Fifthly, the local remedies in Aspatria had also been exhausted. This is because there has been a record of excessive delay in court proceedings in Aspatria. Further, the remedies are also ineffective due to the denial of discretionary review by the Supreme Court of Rydal in relation to the rejection of the judicial challenge by MDR Limited. Therefore, the international law can be invoked for the sake of justifiable remedies.

Rydalian government cannot invoke the BIT to protect ALEC‟s property from expropriation as Aspatria is acting in compliance with NRA. The application of NRA as domestic law in Aspatria is subject to the reinforcement by the BIT. The BIT shows the mutual consent to be bound by it and the NRA between Aspatria and Rydal.

The expropriation of ALEC‟s property by government of Aspatria is lawful. Firstly, the expropriation is lawful as it was executed for the sake of public purpose and public interest. Secondly, the expropriation is done in line with law as it is in accordance with the court‟s order as it follows the Aspatrian Criminal Code. Thirdly, there is non-discrimination on the part of Aspatria for the seizure of ALEC‟s property because ALEC is an Aspatrian company as it is incorporated in Aspatria and has a registered office at Aspatria. Fourthly, Aspatria is not obliged to compensate ALEC as the seizure was for the purpose of preserving the status quo until the final decision is reached.

Tras la expropiación en Argentina de las acciones que la compañía española REPSOL tenía de la sociedad argentina YPF, REPSOL demandó en España a YPF y a la empresa norteamericana Chevron, presunta beneficiaria de la expropiación. La competencia de los tribunales españoles para conocer de la demanda, basada en la vulneración de las normas sobre competencia leal no es clara; pero los tribunales españoles acabaron declarándose competentes. Aquí se analiza la decisión adoptada por el Juzgado de lo Mercantil nº 1 de Madrid en relación a su competencia para conocer de la demanda planteada por REPSOL

In the first decade of the 20th century, the company Georg Schicht Works based in Aussig – currently known as Ústí nad Labem in the northern part of the Czech Republic – producing soap and related products, flourished as one of the biggest enterprises of the Austrian-Hungarian Empire. As a consequence of the decline of the Empire, culminating in World War I, the company of Georg Schicht lost 75% of its market outlet and went through a difficult period. In 1927-1930, the Schicht Company merged with the Anglo-Dutch multinational company Unilever. Members of the Schicht family took up leading positions within the board of Unilever and concentrated their Unilever-assets in a holding company in Zurich, Switzerland, under the name of “Limmat”. A daughter company of Limmat, the trading company “Ampra” was based in Amsterdam, the Netherlands, and was entrusted with the asset-management on behalf of the Schicht family.

The immediate aftermath of World War II was a devastating turning point in the history of the Schichts family; one of the financially most powerful Eastern European families of their time. With the notable exception of George Schicht (1884-1961) who lived in London and was of British nationality, most members of the Schicht family, including his brother Heinrich (1880-1959) and his cousin Franz, were considered to be German “enemy citizens” and removed from all other positions within Unilever in 1945. As Sudeten-Germans, Heinrich and many other Schichts were expelled from Aussig during the year 1945-1946, leaving all possessions behind. Subsequently, the former Schicht – meanwhile Unilever – factories were nationalised by the Czechoslovakian government.

The dispossession of the Schichts, however, was not only an Eastern European affair. At the very same time, their substantial assets, concentrated in Limmat and Ampra, were blocked as “enemy property” by the Western Allies, with the reluctant collaboration of the Swiss Government. In 1950, the Netherlands and Switzerland reached an inter-custodial agreement on the liquidation of Ampra and Limmat. The Dutch, considering Sudeten Germans as enemy citizens, even if the international definition of German enemy citizens was much narrower, finally confiscated 24% of the value of the assets of Ampra and Limmat (including 4% on behalf of the Swiss), to the benefit of the Dutch State and without paying compensation to the original stakeholders. This agreement was carried out in concord with the board of Limmat, presided by Heinrich Schicht, who was living in Switzerland in difficult circumstances. However, the partial loss of their assets caused dismay among most other family members and led to a rupture between Heinrich and most of his kin, including his brother George.

This paper analyses the decline of the Schichts in more detail, with special reference to the vicissitudes of the enemy property legislation of the Netherlands and Switzerland in their relations with Western Allies in the years 1945-1956. Leading question is to what extent this case can be taken as an insightful example of significant changes in the concept of private ownership and property in this period across Europe. Did the enemy property legislation in the Netherlands and in Switzerland influence notions of trust connected to practices of private ownership of economic elites? Did the post-war vertical relation between state and (enemy) citizen somehow changed the horizontal relationships in which practices of private ownership in (this part of) Europe had been traditionally embedded?

This thesis examines the practice of confiscation in the Ottoman Empire during the long-eighteenth century. It investigates what enabled, guided and motivated the sovereign to confiscate the property of elites, and how and to what extent this occurred. The contribution of this thesis is twofold. First, it provides the first systematic analysis of the practice of confiscation in the Ottoman Empire, highlighting the basis of selectivity in its application. Second, it contributes to a broader line of literature by analysing the drivers, informal constraints and persistence of historical state predation. One of the strengths of the thesis is its combination of theory and a rich variety of archival evidence, using both qualitative and quantitative techniques. The thesis finds that müsadere was a selective institution targeting mainly office-holders and private tax contractors. However, some were less likely to face or more capable of avoiding confiscation than others mainly due to factors related to time and location of confiscation, the bargaining position of the wealth-holder and the attributes of their wealth. Although confiscation was costly and time-consuming to enforce, the sultans were continuously interested in it because of its political and redistributive functions such as monitoring the behaviour of their agents and protecting their share in the fiscal revenue from fiscal intermediaries. They had power to do so primarily because of many disincentives of collective action among the targets of confiscation. Through the study of this practice, this thesis shows how an early modern monarch, who was not formally constrained, could and did confiscate the elite property in a time of crisis.

This article presents defectiveness, but also feasibilities with regard to improve every particular
aspect of expropriational administrative procedure in purpose of efficiency, transparency,
timeliness, and individual's protection against arbitrariness of public authorities. Beside each
caught sight defectiveness concrete (potential) solution is proposed. For some problems, solution
is possible to achieve by changing positive legislature, but for others by changing legal practice.
Accordingly to Bosnia and Herzegovina's obligations to harmonize it’s legislation with acquis
communautaire, relavant legal opinions of European Court for Human Rights are given.
Expropriation act closely correspond with one of the fundamental rights – ownership right.
Therefore, a balance between public and private interest must be expressed by adequate and
precisely determined compensation for expropriated property.

La jurisprudencia viene reconociendo el derecho del propietario de un suelo con reservas minerales de la Sección A que no son objeto de explotación efectiva a ser indemnizado tanto por el suelo como por el derecho a su explotación.

La valoración de este derecho se ha establecido por vía jurisprudencial ante la falta de previsión normativa específica.

La entrada en vigor de la LS 07 (TRLS 08), y especialmente de su Reglamento de Valoraciones, completa parcialmente este vacío normativo y desarrolla cómo se debe valorar el suelo susceptible de explotación minera que todavía no es objeto de explotación.

India’s BIT program is the largest among the developing countries and its integration into the global economy has also increased its exposure to BIT claims. Several foreign corporations presented ITA notices against various Indian regulatory measures prompting India to suspend all trading of BITs in progress that led to a change in its position in the International investment law regime with repercussions in the International business community eager to participate in its business. These recent developments have then determined the need to review India’s BIT program in a global vision. The paper ‘International Investment Agreements Between India and Others Countries’ (2011), showed the importance of ensuring a balance between investor rights
and national policy which India has not been able to make guarantor pushing in different circumstances to revise their existing BITs and defining new perspectives for future negotiations. The paper reflects on experiences of BITs in a global vision.

Premio extraordinario de Doctorado de la Universitat de Lleida (2020). El objeto de esta tesis doctoral consiste en analizar el régimen jurídico del arrendamiento forzoso de vivienda como expresión de la intervención administrativa en el Derecho Civil. Este arrendamiento se encuentra previsto en tres conjuntos normativos: la constitución forzosa, la prórroga forzosa, y la expropiación temporal del uso de viviendas, una actualización de las dos medidas anteriores. A estos efectos, se atenderá al estudio crítico del objeto, los sujetos y el contenido contractual, y la formación y ejecución de las diferentes modalidades de arrendamiento forzoso, analizando los efectos de su aplicación. Finalmente, se realizará un pronunciamiento sobre su ajuste constitucional y se plantearan unas alternativas al arrendamiento forzoso para evitar acudir a este instrumento.

El ejercicio de la potestad expropiatoria en beneficio de sujetos privados plantea varios problemas jurídicos característicos a los que el Derecho público debe ofrecer una respuesta adecuada. Ello exige reconsiderar ciertos extremos de la configuración normativa de la expropiación forzosa como institución de Derecho público, en la cual el beneficiario ocupa un lugar central en tanto que sujeto que encarna al interés público a que la expropiación, como instrumento, viene a servir. La concepción del beneficiario como sujeto favorecido por la producción de un daño legítimo o autorizado por el ordenamiento, así como la integración sistemática de la potestad expropiatoria en el marco que proporcionan el Derecho constitucional, el Derecho europeo y el Derecho administrativo general y sectorial, permiten ofrecer un modelo dogmático parcialmente renovado de la expropiación forzosa y de la figura subjetiva de su beneficiario. Modelo éste que resulta acorde con las dos funciones principales que al Derecho administrativo corresponde desempeñar: proteger los derechos individuales frente al poder, y procurar la actuación eficaz de la Administración en la tutela y promoción de los intereses generales.

This article is an interdisciplinary critical analysis of personalization systems and the gatekeeping role of current mainstream social media. The first section presents a literature review of data-driven personalization and its challenges in social media. The second section sheds light on increasing concerns regarding algorithms’ ability to overtly persuade—and covertly manipulate—users for the sake of engagement, introducing the emergence of the exclusive ownership of behavioral modification through hyper-nudging techniques. The third section empirically analyzes users’ expectations and behaviors regarding such data-driven personalization to frame a conceptualization of users’ agency. The fourth section introduces the concept of “algorithmic sovereignty.” Current projects that aim to grant this algorithmic sovereignty highlight some potential applications. Together this novel theoretical framework and empirical applications suggest that, to preserve trust, social media should open their personalization algorithms to a social negotiation as the first step toward a more sustainable social media landscape. To decentralize the immense power of mainstream social media, guarantee a democratic oversight, and mitigate the unintended undesirable consequences of their algorithmic curation, public institutions and civil society could help in developing and researching public algorithms, fostering a collective awareness so as to eventually ensure a fair and accountable “algorithmic sovereignty.”

¿Cuál es la relación entre ciencia e ideología?. ¿Son dos cosas incompatibles, complementarias o son la misma cosa?. ¿Debe evitar la ciencia dejarse “contaminar” por la ideología?. ¿Hay una única manera de hacer ciencia?. ¿Todas conducen a los mismos resultados y nos dan la misma visión del mundo?. Nos centraremos en la figura de Alexander Bogdanov, médico y filósofo ruso, para debatir sobre estos y otros temas de relevancia actual. Sus teorías dieron origen a lo que después se denominó la “teoría de las dos ciencias”, que da título a este trabajo.

The South African Constitution protects property but at the same time provides for its expropriation on the condition, amongst others, that “just and equitable” compensation is paid. Market value, the foremost determinant of compensation in pre-constitutional expropriation law, has now become but one of several factors in determining “just and equitable” compensation.  The acquisition, at market-value, of land for land reform is not always feasible and the candidate shows that the full transformative effects of the property clause in the Constitution and land reform measures, can therefore only be unleashed if the guidelines for just and equitable compensation are rethought and reformulated.

Enerji ve Tabii Kaynaklar Bakanlığı’nın 1 Mart 2022 tarihli Resmi Gazete’de yayınladığı “Maden Yönetmeliğinde Değişiklik Yapılmasina Dair Yönetmelik”te, elektrik üretmek için yürütülen madencilik faaliyetlerinde tapuda zeytinlik olarak kayıtlı alanlardaki zeytin ağaçlarının taşınması (veya kesilmesine) Bakanlıkça “kamu yararı dikkate alınarak” izin verilebilir denmektedir. Bu yönetmelik açık bir şekilde kâr peşindeki sermayenin önünü açmak için hazırlanmıştır.

El régimen de valoración del suelo de la Ley del Suelo de 2007 fue objeto de temprana crítica por una gran parte de la doctrina que consideraba que su única voluntad era deflactar el coste del suelo en las expropiaciones.

Esta ley, respecto al suelo no urbanizable (rural), mantiene la voluntad objetivadora de las leyes de suelo anteriores, que abjuran del valor de mercado y prohíben la toma en consideración de sus expectativas urbanísticas.

El objeto de este trabajo es analizar la relación entre el valor de mercado y la valoración del suelo rural a la luz del régimen de valoraciones del Texto Refundido de la Ley del Suelo de 2008 y su desarrollo reglamentario, dado que cuando el legislador renuncia a aplicar un método de valoración que determine el valor de mercado, nada garantiza que el justiprecio resultante se le aproxime.

What is the relation between science and ideology? Are they incompatible, complementary or the same thing? Should science avoid “contamination” from ideology? Is there an only way to do science? Does anyone of them lead to the same results and give us the same worldview? We will focus on the figure of Alexander Bogdanov, Russian physician and philosopher, in order to discuss these and other relevant topics. His theories gave birth to what may be called later “the theory of two sciences”, which entitles this work.

In the course of state-led rural urbanisation over the past few decades, millions of Chinese peasants have been expropriated and relocated. After establishing a definition of these “landless peasants” as a heterogeneous social group connected mainly by the fact that its members had to give up their land-use rights, this article sets out to examine subsequent processes of identity formation – a topic that has been largely neglected in existing research. Drawing on Beck’s individualisation thesis, I suggest that structural and institutional changes in the process of rural modernisation have initiated a further thrust of individualisation in people’s lives which manifests not only in the objective domain of life situations but also in the subjective domain of identity. This hypothesis is substantiated through an ethnographic case study based on seven months of fieldwork (2016–2018) in Huaming Model Town in the Dongli District of Tianjin. As a first step towards conceptualising what landless peasants are becoming, I will propose to start focusing on recombinant identities and class differentiations evolving among the people.

The 'expropriation of the expropriators' is a delicious turn of phrase, one that Marx even compares to Hegel's infamous 'negation of the negation'. But what does it mean, and is it still relevant today? Before I analyse the content of Marx's expression, I briefly consider contemporary legal understandings of expropriation, as well as some examples of it. In the remainder of the essay, I spell out different kinds of expropriation in Marx and focus on an ambiguity at the core of the notion of 'expropriating the expropriators', namely, whether it describes an immanent and objective tendency within the development of the capitalist mode of production or else actively prescribes a form of revolutionary political praxis for the working class. My answer is that it does both, though not without tension. Finally, I develop some implications of these reflections by showing how the concept of expropriation can be put to use today, in struggles around housing, climate and work.

This paper discusses the archaeological data of the archaic rural landscape in the modern suburb of Rome, as possible evidence of land expropriation in the 5th and 4th centuries BC as known from the problematic literary tradition concerning the history of early Republican Rome. The first key-study is the ager of the Latin city of Fidenae; in this area the archaeological surveys found a strong discontinuity at the beginning of the 5th century BC, which could be linked to the literary data regarding land expropriations of 498 BC and the institution of the Clustumina tribus in 495 BC. The second key-study is the ager Veientanus, where the archaeological data shows a clear drastic reduction of rural sites in the first half of the 4th century BC, in parallel to the rise of new rural sites. This could be evidence of the Roman conquest of Veii in 396 and subsequent land expropriation in favor of Roman citizens, as known from the literary tradition.

This essay engages with the question of how to construct modern economic relations as an object of political theorizing by placing Hannah Arendt and Karl Marx’s writings in critical conversation. I contend that the political aspect of capitalism comes into sharpest relief less in relations of economic exploitation than in moments of expropriation that produce and reproduce the conditions of capitalist accumulation. To develop a theoretical handle on expropriation, and thereby on the politics of capitalism, I syncretically draw upon Marxian and Arendtian concepts by, first, examining expropriation through the Marxian analytic of “primitive accumulation of capital” and, second, delineating the political agency behind primitive accumulation through the Arendtian notion of “power.” I substantiate these connections around colonial histories of primitive accumulation wherein expropriation emerges as a terrain of political contestation. From this perspective, I conclude, such putatively “economic” questions as dispossession, exploitation, and accumulation appear as irreducibly political questions.

There are various constructions of the ‘Fair and Equitable Treatment’ (FET) clauses in investment treaties.  Many of them have combined the FET standard with other investment protection standards in the same clause. A simplistic interpretation of these clauses might lead to an understanding that the FET standard are synonymous with other standards prescribed by the particular investment treaties largely due to the flexibility and generality of the standard.  This article will closely scrutinize this interrelation between the FET standard with some other investment protection standards. The demarcation line between and among these interaction is so thin that it becomes difficult to distinguish one standard from another.  This article will discuss that the FET is indeed an overarching principle and despite some conceptual similarities with other investment protection standards the FET standard is unique and distinct in its own free standing in the international investment law regime and combining the standard with other investment protection standards is simply a stylistic matter and not a matter of substance to its content.

This is a chapter on a book on expropriation, and looks at how the courts confuse the requirement that expropriation must be for a public purpose, with the factor that the courts can take into account when determining compensation for expropriation in South Africa.