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The Status of National Legal Frameworks for Valuing Compensation for Expropriated Land: An Analysis of Whether National Laws in 50 Countries/Regions across Asia, Africa, and Latin America Comply with International Standards on Compensation Valuation

Peer-reviewed publication
Junho, 2017

The challenges associated with determining fair compensation for expropriated land have been extensively discussed and debated among scholars, practitioners, policymakers, and the public. However, to date, a comprehensive study of national-level compensation procedures established by law considering whether such procedures meet internationally recognized standards on compensation valuation has not been conducted. This article aims to bridge this gap by serving as a reference point and informing “fair compensation” debates among scholars, practitioners, and policymakers.

Compensation and Resettlement Policies after Compulsory Land Acquisition for Hydropower Development in Vietnam: Policy and Practice

Peer-reviewed publication
Dezembro, 2013

Under Vietnam’s State land ownership regime, the Government holds supreme authority over compulsory land acquisition. The results show that many improvements in land acquisition policies have been made, but poor implementation measures largely cannot prevent or even mitigate the adverse impacts on displaced persons. In particular, ineffective compensation measures and a lack of production land and livelihood alternatives accelerate the resistance of communities displaced as a result of hydropower development.

Re-Thinking the Role of Compensation in Urban Land Acquisition: Empirical Evidence from South Asia

Peer-reviewed publication
Junho, 2013
Índia

Planned efforts to relocate human populations often entail protracted struggles over the terms on which local populations may be compensated for the loss of land, assets and livelihoods. In many instances, compensation has been established on the basis of historical market value, which in effect excludes stakeholders (e.g., encroachers, landless laborers, sharecroppers, etc.) whose livelihoods are adversely affected by land acquisition. Establishing ways of recognizing and compensating the loss of informal land and livelihood is therefore a pressing policy priority.

Pushed off their land

Journal Articles & Books
Junho, 2017
África
América Latina e Caribe
Ásia
Global

An estimated 10m people are displaced from development projects every year. A new study aims to monitor government adoption of voluntary guidelines on expropriation, compensation and resettlement, Nicholas Tagliarino reveals

India: Land Governance Country Narrative (Full Report)

Reports & Research
Junho, 2017
Índia

Land is an important source of identity and a precious asset with significant emotional connection in India. It is also the main source of rural and feudal power structure for most of India’s history. Land is a symbol of social status, cultural identity and an expression of political power. The value of land is deeply ingrained in the consciousness and well-being of the poor farmers and indigenous communities who make up a substantial portion of India’s total population.

The role of land survey in land expropriation for state or public needs [Latvia]

Policy Papers & Briefs
Dezembro, 2010
Letónia

In Latvia the construction of new transport infrastructure objects or reconstruction of existing ones increasingly generates necessity to expand an area of land under auto roads (right of way), as well as activates necessity of efficiency of real property expropriation process. In frame of research the correlation between expropriated land and total area of affected land parcels have been analyzed in two different projects of road development – project of new road and project of road reconstruction.

Enclosing the global commons: the convention on biological diversity and green grabbing

Journal Articles & Books
Dezembro, 2012

‘Green grabs,’ or the expropriation of land or resources for environmental purposes, constitute an important component of the current global land grab explosion. We argue that international environmental institutions are increasingly cultivating the terrain for green grabbing. As sites that circulate and sanction forms of knowledge, establish regulatory devices and programmatic targets, and align and articulate actors with these mechanisms, they structure emergent green market opportunities and practices.

Profit Sharing under the Threat of Nationalization

Policy Papers & Briefs
Janeiro, 2010

A government bargains a mutually convenient agreement with a multinational corporation to extract a natural resource. The corporation bears the initial investment and earns as a return a share on the profits. The host country provides access and guarantee conditions of operation. Being the investment totally sunk, the corporation must account in its plan not only for uncertainty on market conditions but also for the threat of nationalization.

Building plot-land discrimination in expropriation cases

Journal Articles & Books
Dezembro, 2011
Turquia

In recent years, infrastructure investments, especially construction of new roads and upgrading of existing ones, have accelerated in Turkey. Expropriation cases related to building plot and land have increased due to these investments. One subject causes conflict and leads to the prolongation of cases due to the misuse of building plot-land discrimination.

Profit Sharing under the Threat of Nationalization

Policy Papers & Briefs
Dezembro, 2010

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.

Regulatory Takings and Environmental Regulation in NAFTA's Chapter 11

Policy Papers & Briefs
Dezembro, 2006

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.