Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

Vol 22 No 4 April/May 2017

Book of the Month

Cover of Whistleblowing: Law and Practice

Whistleblowing: Law and Practice

Price: £175.00

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


UK Public Holiday May 2017

Wildy's will be closed on Monday 29th May and will re-open on Tuesday 30th May.

Online book orders received during the time we are closed will be processed as soon as possible once we re-open on Tuesday.

As usual Credit Cards will not be charged until the order is processed and ready to despatch.

Any non-UK eBook orders placed after 5pm on the Friday 26th May will not be processed until Tuesday 30th May. UK eBook orders will be processed as normal.

Hide this message

Rethinking Expropriation Law II : Context, Criteria, and Consequences of Expropriation

Edited by: B. Hoops, E. J. Marais, H. Mostert, J. A. M. A. Sluysman, L. C. A. Verstappen

ISBN13: 9789462366329
Published: January 2016
Publisher: Eleven International Publishing
Country of Publication: The Netherlands
Format: Paperback
Price: £78.50

Despatched in 10 to 12 days.

This book is the second of a series in which experts engage critically with the context, criteria and consequences of expropriation. The State, in the shape of monarchies, dictatorships, or democracies, has been using expropriation to implement its policies since the times of ancient Rome. This book therefore contains contributions on the historical context of expropriation. Despite its age, however, expropriation law is constantly evolving at the national and international level.

The contributors show how European human rights law and international soft law instruments shape national criteria and expropriation procedures. They discuss how comparative law and insights from the theory of human flourishing can help to improve the criteria for the justification of expropriation. From comparative and international perspectives, the contributors deal with the criteria that determine whether compensation is due for a regulatory taking, constructive expropriation or excessive regulation of property.

The contributors examine the definition of takings and whether the dissolution of condominium constitutes a taking. They uncover how the amount of compensation can play a role in the justification of expropriation. Lastly, the contributors examine the consequences of expropriation for residential communities.

1. Introduction: Context, Criteria, and Consequences of Expropriation

2. Confiscation and Expropriation: The Legal Consequences of Roman Imperialism
3. The History of Hungarian Expropriation Law
4. Towards a Paradigm Shift in the Application of Expropriation Law in Flanders
5. Hidden Expropriation in Globalization and Soft Law Protection of Communal Property Rights

6. The Public Use Requirement and the Character of Consequentialist Reasoning 7 More Safeguards instead of a Ban of Economic Development Takings: The Kelo Case from a German Perspective
8. 'Regulatory Expropriation' under German Constitutional Law and in International Investment Law - The Case of Vattenfall
9. The Impairment of Subsurface Resource Rights by Government as a 'Taking' of Property: a Canadian Perspective
10. 'Dissolving Condominium, Private Takings, and the Nature of Property'
11. The Principle of Good Governance in Expropriation Law

12. On Benefit Sharing and the Compensatory Approach to Economic Development Takings
13. Expropriation Effects on Residential Communities.