Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

South African Natural Resources, Property Rights, And Public Trusteeship – Transformation In Progress

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter presents an overview of the international law regarding expropriation of foreign-owned property, and then considers the intersection between investor protections and sustainable development. It focuses on recent investor-state dispute settlement cases. The chapter talks about development of principles, such as investor expectations, in the analysis of expropriatory behavior are desirable to ensure that investors' rights to enjoy their property may be balanced with wider sustainability concerns. It focuses on the level of protection provided under investment treaties for two reasons: (1) investment treaty protections have the widest application, and (2) the prevalence of recent practice through investor state arbitration, particularly under the North American Free Trade Agreement (NAFTA), provides a richer source of material for elucidating the law of expropriation.

Keywords:foreign-owned property; international law; North American Free Trade Agreement (NAFTA); uncompensated expropriation



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Property Rights and Sustainability — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation