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单词 expropriation
释义

expropriation
n. The taking, directly or indirectly, of privately owned assets by a state or organ of the state, normally without compensation (compare compulsory purchase, which carries with it a right to compensation). The right to expropriate is known in some legal systems as the right of eminent domain. In the UK, expropriation requires statutory authority except in time of war or apprehended war (see royal prerogative).

In public international law, expropriation refers to the taking of assets owned by foreign investors. While it is generally internationally accepted that states have a discretionary power to take control over property within their jurisdiction, there are certain protections for qualifying investors within both bilateral and multilateral investment treaties. These provide conditions that must exist in order for a lawful expropriation to take place. Such conditions include the payment of adequate compensation. The international law principle of attribution to the state of wrongful acts by state organs is set out in article 4 of the International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts 2001.

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更新时间:2024/10/27 5:34:45