A multinational corporation engages in foreign direct investment for the extraction of a natural resource in a developing country. The corporation bears the initial investment and earns as a return a share of the profits. The host country provides access and guarantees conditions of operation. Since the investment is totally sunk, the corporation must account in its plan not only for uncertainty in market conditions but also for the threat of nationalization.

NAFTA's investment treaty has led to several expropriation compensation claims from investors hurt by new environmental regulations. Expropriation clauses in international treaties solve post-investment moral hazard problems such as hold-ups. However, these clauses can interact with National Treatment clauses in a manner that hinders investment. A police powers carve-out from the definition of expropriation can be Pareto-improvingand can increase the level of foreign investment.

The expropriation value of agricultural land is determined by the income capitalization approach under Turkey's Expropriation Act. Accordingly, the value of land is determined by dividing net income by the capitalization rate. One of the major issues giving rise to misunderstanding in expropriation cases is the misuse of the capitalization rate. Currently, the overextending of expropriation cases contributes to investment latency and the escalation of expropriation costs.

In customary international and public law, “takings” resulting from regulations designed to protect the public good are generally excluded from compensation rules; this exclusion is known as a police powers carve-out (PPCO). Increasingly, this PPCO is being challenged, particularly in international investment law. This paper analyzes the efficiency properties of a PPCO in a model with endogenous regulation, investment and entry.

Land, and in particular agricultural land, is central to livelhoods in rural Zambia. Zambia is characterised by a dual legal system of customary and statutory law and by dual land tenure, with state land and customary land. A first wave of socialist-oriented reforms took place after independence in 1964, which abolished previously existing freehold land in favour of leasehold. Subsequent changes in government policies under the influence of structural adjustment programmes and a new government in 1991 paved the way for a market-driven land reform.

Government has been implementing the Land Resettlement Programme for over twenty four (24) years, focusing mainly on land resettlement for agricultural purposes without a comprehensive policy and legal framework. This has caused a number of challenges including lack of a coordination mechanism at higher level of Government in the implementation of the land resettlement programme, land disputes and low levels of infrastructure development and service provision in the resettlement schemes.

Pour qu'un barrage contribue avec succès au développement durable de la société, les populations locales doivent également en bénéficier. Cette vidéo de 5 minutes examine les défis relatifs à l’obtention d’une compensation équitable pour les personnes affectées par la construction de grands barrages, et définit les différentes étapes pour s'assurer que les agriculteurs expropriés puissent bénéficier d’un accès sécurisé à de nouvelles terres

For a dam to successfully contribute to the sustainable development of the society, the local populations should also benefit from it. This 5 minute video examines the challenges to obtaining an equitable compensation for the people affected by the construction of large dams and defines the various steps to make sure that the farmers who were disowned of their land can have secured access to new land.

There are 85 irrigation schemes in Niger that cover around 16,000 ha and are cultivated by 40,000 farmers. The informal status of these irrigation schemes, and their occupants, has created problems due to population growth and the increasing scarcity of natural resources. Holders of traditional land rights have challenged government decisions concerning land attributions and property rights within the schemes, and have occasionally prevented construction from proceeding.

Le Niger compte aujourd’hui 85 aménagements hydro-agricoles (AHA), qui s’étendent sur environ 16 000 hectares et font travailler plus de 40 000 exploitants.  Avec la pression démographique et la raréfaction des ressources naturelles disponibles pour l’activité agricole, l’informalité de la gestion du foncier des AHA et du statut des personnes qui les exploitent est devenue problématique.

The Groningen Centre for Law and Governance (GCLG) and the University of Cape Town collaborated with the Global Land Tool Network and True Price to convene the fourth annual colloquium on Expropriation Law in Cape Town. The annual meetings of this project concentrate on narrowly defined aspects of expropriation, and facilitate discussion amongst international academics and other experts on shared issues in Expropriation Law. The project gives delegates the opportunity to participate on the global platform, alongside leading scholars in the field of expropriation law.

This article was submitted for the UN Economic Commission for Africa “2017 Conference on Land Policy in Africa” Nov. 14-17 2017, Addis Ababa, Ethiopia.

This article sheds light on a series of events that triggered escalating tensions over land and resources in the coastal communities of Lagos, Nigeria. This article provides an in-depth analysis of Nigeria’s laws on expropriation and the processes of acquiring land and compensating landholders in the Lekki Free Trade Zone (LFTZ) case. Specifically, the analysis addresses the following research questions: