Monday, August 12, 2019
What are the possible legal implications of nationalisation ( Essay
What are the possible legal implications of nationalisation ( expropration) regarding foreign oned properties in International Law - Essay Example A discussion of the legal implications of nationalisation or expropriation of the property of foreign investors has been presented in this write up and this should be of interest to all those with an interest in international law and business. I hereby certify that, except where cited in the text, this work is the result of the research carried out by the author of this study. The main content of the study which has been presented contains work that has not previously been reported anywhere. This write-up is submitted in fulfilment for the requirements related to an essay on The Legal Implications of Nationalisation, or Expropriation, regarding Foreign Owned Properties in International Law. National governments, especially governments in the developing world, have been known to have tried to recover control of their own economy and to attempt to do that which will appear to be for their benefit by trying to nationalise, take or expropriate foreign owned business and property. 1 The expansion of Western economies since the nineteenth century has resulted in outflow of capital for investment into the developing world. However, with the formation of national governments after the granting of independence to the former colonies, the foreign business ownership arrangements came under pressure, with the nationalisation measures that had been taken by the former Soviet Union serving as an example for the newly independent states. 2 It has to be appreciated that although certain countries may feel that nationalisation or expropriation may serve in their best interest, the taking of foreign owned property by a host country poses a very significant risk to continued foreign inve stment. Not only is nationalisation, or the taking of private assets by public authorities, a deterrent to continued foreign investment, but it also raises significant issues in international law as
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