Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-9q27g Total loading time: 0 Render date: 2024-07-22T08:17:21.316Z Has data issue: false hasContentIssue false
This chapter is part of a book that is no longer available to purchase from Cambridge Core

10 - The taking of foreign property

M. Sornarajah
Affiliation:
National University of Singapore
Get access

Summary

What constitutes an act of taking of foreign property in international law was once clear but has now come to be befuddled with difficulty as a result of the progressive expansion of the concept of taking. In the past, the law was discussed in the context of outright takings of the property of the alien. There was no difficulty in characterising the act of physical dispossession as a taking. After colonialism came to an end, there was a spate of nationalisations intended to regain control of the economy from the companies of the erstwhile colonial powers. After the initial rush of nationalisations, there was a movement away from the wholesale takings of industrial sectors to the targeting of specific companies. Developing countries instituted changes regarding the manner of entry of foreign investment. There was greater administrative control over investment. The vehicle of foreign investment was often a mandatory joint-venture company incorporated in the host state. The company became a corporate citizen of the host state and thus more amenable to its control. The process of foreign investment itself came to be enmeshed in a host of regulations which directed it to economic development objectives and environmental protection. In this context, the notion of what constituted a taking had to change. The focus was on the manner of governmental interference with the contracts on the basis of which the original investment was made or on the running of the corporate vehicle through which the investment was made.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • The taking of foreign property
  • M. Sornarajah, National University of Singapore
  • Book: The International Law on Foreign Investment
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511841439.013
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • The taking of foreign property
  • M. Sornarajah, National University of Singapore
  • Book: The International Law on Foreign Investment
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511841439.013
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The taking of foreign property
  • M. Sornarajah, National University of Singapore
  • Book: The International Law on Foreign Investment
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511841439.013
Available formats
×